The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights. More on this next.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 125

Copyright Fair Use Licensing Ownership 125

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Copyright Lately

FEBRUARY 20, 2022

After Marvel’s successor Disney released a new Muppet Babies reboot in 2018 without providing him credit or compensation, Scott filed a lawsuit for copyright infringement and breach of contract in the Central District of California. The case didn’t get very far as a result of a somewhat unusual set of circumstances.

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Ownership Copyright Infringement Contracts Copyright 80

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

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Marketing Marketing Branding Brands 57

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

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Contracts Privacy Social Media Advertising 104

LexBlog IP

JANUARY 26, 2022

She sold her business several years ago to JLM and in so doing assigned rights in her name – she allowed the business to register her name as a trademark (meaning that the transaction was more than a mere license). The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms.

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Social Media Ownership Contracts Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

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Registration Fair Use Copyright Designs 111

Copyright Lately

JULY 17, 2022

The termination provision at issue in Livingston is Copyright Act section 203(a) , which allows authors and their statutory heirs to terminate post-1978 copyright assignments and licenses as early as 35 years after they were originally made. Que Sera, Sera, indeed. I’ll post updates on the Livingston case as they develop.

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Copyright Music Social Media Publishing 62

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. It is also imperative to consider language in licensing agreements to avoid issues that may occur with licensees using marks in the virtual world. The NFTs act to authenticate these items.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). You Should Probably Read The License.

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Derivative Work Licensing Artwork Contracts 85

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

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Ownership Television Copyright Copyright Notice 65

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Importantly, the DA Proposal marks the (provisional) end of the debate around the potential creation of ownership in data, or a new IP right for “data producers”. Do they vest ownership rights, properly speaking? Then should we consider them as contract-based rights? This proposed right is the subject of extensive debate.

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IP Ownership Marketing Marketing 56

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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IP Intellectual Property Copyright Trademark 143

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions.

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IP Copying Marketing Marketing 72

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

Kluwer Copyright Blog

MAY 17, 2023

the possibility to request remuneration or to subordinate the operation of the exception to the absence of adequate licenses), differences emerge again – this time tackled, however, by the introduction of the country-of-origin principle. Second, ownership-based user rights are the strongest.

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Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 89

43(B)log

AUGUST 3, 2023

Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. Sheff: What about licensing/merchandising in this system? Expand social media monitoring. Fresh start.

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Social Media Fair Use Advertising Advertising 52

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. copyright-protected materials as data), personal data, contract-based data, etc. English language text from journal articles; social media posts in X language; etc.)

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Social Media Law Journalism Copyright 52

43(B)log

AUGUST 3, 2023

Open Source Smell Culture: perfumers can share formulas using CC licenses. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume.

Music 52

Music Art Copying Licensing 52

43(B)log

OCTOBER 4, 2021

May 20, 2021) (R&R) renting existing equipment; Pine was formerly one of Proactive’s licensed distributors for the pumps. The principal issue was whether Pine can continue to rent Proactive’s pumps to its customers despite the termination of that license, particularly where Pine has made or will make repairs to the rented pumps.”

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IP Trademark Advertising Advertising 94