Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. Fortunately, solutions were already available on the market to allow people to access the content they needed online in the form of licences.

Copyright 116

Copyright Publishing Marketing Marketing 116

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

LexBlog IP

APRIL 26, 2023

SBIR PRogram Benefits The SBIR program is designed to support small businesses in bringing innovative technologies to the market by funding research and development activities. Have at least 51% ownership and control by U.S. Be located in the United States. citizens or permanent residents.

Business 52

Business Intellectual Property Technology Ownership 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Kluwer Copyright Blog

JULY 5, 2022

This year we have seen an influx of educational events dedicated to everything digital. The current market figures do not support the thesis that metaverse is virtual reality (VR) per se. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

JIPEL Copyright Blog

APRIL 15, 2022

These are not standalone events – there are specialized investing groups dedicated to purchasing and leveraging music catalogs as a core piece of their investment strategy. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. The party line would suggest so.

Music 52

Music Litigation Copyright Ownership 52

The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

SpicyIP

MAY 18, 2022

Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. If not for these efforts, the virtual goods market has the potential to be very competitive. Dec 15, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

JANUARY 18, 2022

According to the application for interim measures, the IPZS urgently needed to award the contract, but it had reason to fear that a company, Centro Grafico DG s.p.a. hereinafter 'Centro Grafico’), would claim that the product subject to the tender would infringe two of its Italian and European patents on the technology at stake.

Intellectual Property 73

Intellectual Property Marketing Marketing Public Domain 73

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” Users are expressing their annoyance at the frauds that have already taken over the NFT market.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

IP and Legal Filings

NOVEMBER 30, 2022

In the event of a default by the borrower, the lender may be able to recoup part of its losses by seizing and selling these assets. Ownership of intellectual property (IP) used as collateral often belongs to the borrower. Image Source: Istock]. A lender may, however, impose restrictions on how the IP may be used in the future.

IP 52

IP Intellectual Property Business Government 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage. The court held that because each of them was seeking a declaration of sole ownership, the parties could not be joint authors. 1332 ].

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. That’s important, because in order to be valid, a “transfer of copyright ownership” must be made in a signed writing. 17 U.S.C. § 201(d)(2). 204(a) ). (A

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Gena Feist: you might look at whether they were added to the master ownership/composition ownership as a way of detecting settlement.

Copyright 64

Copyright Editing Settlement Music 64

U.S. Department of Commerce

FEBRUARY 24, 2022

EDA’s RLF program assists businesses by capitalizing local investment programs that provide gap financing to businesses that might not be able to obtain traditional bank loans, while MBEs can access a variety of technical assistance, including access to capital, access to contracts and access to markets by contacting a local MBDA Business Center.

Business 81

Business Government Ownership Contracts 81

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. Mr Aughton denied this and said that the copyright in ProSPC belonged to him because it was written as a hobby project outside his employment and, in any event, he did not copy ProSPC by any means (automatic translation or otherwise).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

JANUARY 22, 2022

It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. Further to the above, the absence of a registration prevents companies from leveraging on trademark ownership, through licensing and other means of IP monetisation in Nigeria.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. Further to the above, the absence of a registration prevents companies from leveraging on trademark ownership, through licensing and other means of IP monetisation in Nigeria.

Trademark 52

Trademark Registration Branding Brands 52

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. In one notable case, Balsley v. LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

43(B)log

FEBRUARY 3, 2023

They’re not doing step 2 in any event. In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Guy Rub, Revisiting the Copyright-Contract Conflict Most courts said that contracts were never equivalent to © rights.

Copyright 59

Copyright Copying Music Fair Use 59

Trading Secrets

DECEMBER 19, 2023

Courts also continue to allow creative damage theories based upon avoided development costs or unjust enrichment even where there may only be disclosure rather than use or no competing market product embodying the misappropriated secrets. Recent events highlight the crucial role of identifying and protecting trade secrets for companies.

Confidentiality 52

Confidentiality Litigation Business Law 52

SpicyIP

JULY 19, 2021

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. She then uses this as the basis for claiming relaxations from the barriers to registrability of such marks.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 19, 2023

Courts also continue to allow creative damage theories based upon avoided development costs or unjust enrichment even where there may only be disclosure rather than use or no competing market product embodying the misappropriated secrets. Recent events highlight the crucial role of identifying and protecting trade secrets for companies.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Patently-O

APRIL 10, 2022

In spite of its ownership of the patents, however, a jury found that a predecessor of BioVeris (IGEN) had exclusively licensed the patents to Meso Scale Diagnostics, and that Roche was liable to Meso for directly infringing one of the patents, and for inducing infringement of two others. City of Omaha , 230 U.S.

Licensing 57

Licensing Technology Patent Patent Infringement 57

Kluwer Copyright Blog

MAY 17, 2023

All Member States recognize the prevalence of the public interest in receiving information on current events over copyright, but they do not converge on practical implementations. Second, ownership-based user rights are the strongest. Public domain. EULAs are either silent on some end-user flexibilities (e.g.,

Reporting 52

Reporting Copyright Public Domain Copying 52

43(B)log

FEBRUARY 19, 2022

Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. Disempowers those who participate in TM but not in the ownership of the company. Is there evidence of market harm from use by campaign? markets to see R and D effects, but not yet. There is no one truth.

Branding 59

Branding Brands Branding Music 59

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

JANUARY 2, 2022

CRI Events Private Limited [Delhi High Court]. The second suit was filed by IPRS and PPL against an event management company for broadcasting music without authorization. The Indian Performing Right Society Limited (IPRS) v. Entertainment Network India Ltd (ENIL) and Phonographic Performance Ltd (PPL) v.

IP 143

IP Intellectual Property Copyright Trademark 143

TorrentFreak

JULY 23, 2023

In the event you receive a DMCA takedown notice or a non-US equivalent, how are these handled? What steps would be taken in the event a court orders your company to identify an active or former user of your service? In the event of receiving a legitimate DMCA removal notice, our legal team would be responsible for addressing it.

Privacy 137

Privacy IP Technology Reporting 137