Barry Sookman

NOVEMBER 27, 2022

no implied term of non infringement in design contract, what about an implied condition of title? McCarthy Tétrault’s expertise recognized in Lexpert’s Litigation Special Edition and Top 10 Business Decisions | M… [link] 2022-11-23. 2022 BCPC 228 (Ca… [link] 2022-11-22. link] 2022-11-23.

Editing 57

Editing Contracts Litigation Designs 57

IPilogue

JULY 9, 2021

Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. Other contracts are brief, but all are written against the background of default rules such as those on estoppel. What if they got nothing extra from patenting or design registration? Assignor Estoppel. 1] The U.S.

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 89

Editing Social Media Blogging Advertising 89

Kluwer Copyright Blog

JUNE 20, 2023

Moreover, as explained below, despite this ‘doctrinal murkiness’, many NFT sales seem to circumvent the first sale issue by including an automatic resale provision in the smart contract, providing NFT minters with an unprecedented continuous stream of royalties upon each resale. Secondly, the NFT transaction can simply be taken off-chain.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

Public Domain 63

Public Domain Contracts Copyright Licensing 63

Kluwer Copyright Blog

JUNE 27, 2023

Generally speaking, the approved transposition follows the text of the Directive rather closely, similarly to other delayed implementations such as the Irish one , without embracing a more “creative” legislative design, as has been the case for instance in Germany and Greece. 19 CDSM Directive.

Art 103

Art Contracts Publishing Licensing 103

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product. A design worth registering? Did you enjoy this episode?

Blogging 52

Blogging IP Designs Design 52

The IPKat

DECEMBER 14, 2022

This is a review of Intellectual Property Strategies for Start-ups: A Practical Guide , edited by Stefan Golkowsky, partner, PFENNING Patent Attorneys and Lawyers, Berlin, Germany. These different perspectives are presented across 10 chapters, which are organised as follows.

IP 91

IP Intellectual Property Editing Contracts 91

LexBlog IP

FEBRUARY 16, 2024

This includes providing input on package or product designs and colorways and overseeing the production process. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. According to California Labor Code section 3351.5(c)

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Plagiarism Today

JANUARY 5, 2023

Whether it keeps pace with it or not is impossible to say, but in my limited testing, it does a good job of detecting works that are written by AI, even if a human edits and rewrites it. Can detect essay mill and other forms of contract cheating. This is technology that will likely grow and evolve alongside AI writing. Advantages: .

Plagiarism 226

Plagiarism Editing Technology Contracts 226

LexBlog IP

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. Rights, ownership, and compensation terms are explicitly defined in contracts, especially when AI plays a significant role in content creation. Understanding the U.S.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Traverse Legal Blog

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. Rights, ownership, and compensation terms are explicitly defined in contracts, especially when AI plays a significant role in content creation. Understanding the U.S.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

Kluwer Copyright Blog

APRIL 17, 2023

Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. In 2000, D&D introduced the Open Game Licence (OGL) to permit the use of portions of the game’s third edition. This has led to development of the new edition of D&D , One D&D , anticipated to be released in 2024.

Editing 56

Editing Contracts Publishing Copyright 56

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IPKat

MARCH 22, 2024

To preclude Taylor prematurely re-recording, which would devalue the copyrights assigned to the label, the contract contained a “re-recording restriction” clause, having effect for a certain period of time. After its expiration she was free to produce new recordings from her music and distribute them as she wished.

Moral Rights 70

Moral Rights Copyright Music Art 70

SpicyIP

JULY 27, 2021

The work at CCG is designed to build competence and raise the quality of discourse in research and policy around issues concerning human rights and constitutional rights in the digital age, cybersecurity and global Internet governance. Depending on the project(s) the consultant is hired to be involved in, the contract period will vary.

Government 105

Government Editing Privacy Technology 105

Kluwer Copyright Blog

MAY 15, 2024

The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract. It is arguably a matter of “law by design” (see here , here and here ). However, this does not have to be the case.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Art Law Journal

AUGUST 18, 2022

For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents. As a rule of thumb, creating a limited-edition fine art piece would likely not require a release, but if you want to put that image on a t-shirt to sell at Target, you would need one. .

Publishing 85

Publishing Art Contracts Artwork 85

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Intellectual Property Law in China, 2nd edition.

IP 69

IP Inventor Invention Intellectual Property 69

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 102

Copying Copyright Law Copyright Social Media 102

Velocity of Content

JANUARY 5, 2022

This is an edited version of my remarks. They are incredibly complex in their design and construction, which must take into account a wide range of conditions and context – geology, climate, weather, and planned usage, which itself includes predicting changing human behaviors and preferences, diversions, community planning, etc.

Publishing 98

Publishing Blogging Editing Designs 98

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Copyright contract law German copyright law stipulates that authors are entitled to appropriate remuneration for every use of their work (Section 32 UrhG).

Copyright 52

Copyright Law Copyright Law Contracts 52

SpicyIP

MAY 14, 2022

Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. Shamnad won the very first edition of that competition for his essay on Section 3(d) of the Patents Act. A photograph of Prof. (Dr.) Shamnad Basheer.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

Kluwer Copyright Blog

APRIL 18, 2023

On the one hand, Meta claimed to have proposed a 50% increase in royalties to SIAE compared to those agreed on in the previous contract, and that it had never encountered similar licensing issues in the 150 countries where it has cleared music rights. This provision should be read in conjunction with the debated Art. 19 of the Directive.

Music 98

Music Art Licensing Copyright 98

LexBlog IP

JUNE 28, 2023

6) Any previous contracts with third parties that granted a licence to exploit the intangible asset and that the beneficiary may have concluded in the past – before the act of infringement – are crucial for this calculation. This article was originally edited by, and first published on, www.lexology.com. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. If a post-employment covenant merely seeks to eliminate competition and is not designed to protect a legitimate business interest, it will not be enforced.

Blogging 52

Blogging Confidentiality Business Editing 52

Herbert Smith Freehills

JULY 6, 2022

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. According to Nifty's rules, the highest 100 bidders were winners of a numbered edition of the artwork corresponding to the position of their respective bids. Arbitration in New York .

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

Patently-O

APRIL 11, 2024

Because that activity is domestic, the lost profits for lost service contracts were the result of a permissible domestic application of the statute. Of course, Congress designed § 271(f) with extraterritorial effects in mind: in adopting the provision, Congress overruled the Supreme Court’s decision in Deepsouth Packing Co.

Patent 81

Patent Invention Technology Patent Law 81

Kluwer Copyright Blog

MARCH 16, 2022

The current TDM exception is found in section 29A of the UK Copyright Designs and Patents Act 1988 , according to which a person is allowed to copy a work for the purposes of carrying out “computational analysis of anything recorded in the work”, provided that it is done “for the sole purpose of non-commercial research”.

Licensing 93

Licensing IP Intellectual Property Intellectual Property Law 93

Kluwer Copyright Blog

JUNE 1, 2023

The EU copyright framework needs to be ameliorated in this regard and the articles 18 sq of the CSDM directive (the so-called “copyright contract law” rules) cannot be the final word on this issue. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright Law 110

Copyright Law Copyright Law Art 110

Kluwer Copyright Blog

APRIL 24, 2023

Video games are complex digital creations designed to be interactive, immersive, capable of fostering players’ creativity, and increasingly, capable of connecting players across the globe. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 60

Copyright Intellectual Property Copyright Infringement Copying 60

IP and Legal Filings

APRIL 12, 2022

In this marketplace, several artists can upload their designs and creative work which then are printed on different products. These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. This is because, customers entered into a contract for sale with Redbubble and not the artist.

Art 52

Art Trademark Copyright Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 13, 2022

Protection Against Supremacy of Contracts. Supremacy Of Contracts. This post has given an overview of my working paper, which presents PIJIP’s User Rights Database, a novel dataset designed to measure changes in 24 nations’ laws on copyright exceptions over time. Intellectual Property Law in China, 2nd edition.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

IPilogue

SEPTEMBER 23, 2021

The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). 1)(b), for the provision otherwise designates the presumption only in favour of first owners. The court applied s. The fact is that the words found in s.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

U.S. Department of Commerce

NOVEMBER 30, 2021

Economic Development Administration ( EDA ) grant investments support the implementation of locally-driven economic development strategies designed to make it easier for businesses to start and grow. These centers assist in securing capital, competing for contracts, identifying a strategic partner and becoming export-ready. In Closing.

Business 59

Business Intellectual Property Trademark Editing 59

IP Intelligence

APRIL 24, 2023

Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd. 16 Casa Duse, LLC v. Merkin , 791 F.3d 3d 247 (2d Cir.

Ownership 98

Ownership Copyright Public Domain Registration 98

Trading Secrets

DECEMBER 19, 2023

The Protecting American Intellectual Property Act signed on January 5, 2023, is designed to help American businesses from trade secret theft by foreign actors. This essential webinar provided exclusive insights from our 2023-2024 edition of the 50-State Desktop Reference. California recently enacted two new non-compete laws.

Confidentiality 52

Confidentiality Litigation Business Law 52