JD Supra Law
DECEMBER 14, 2021
There are many common misconceptions about copyrights and other rights associated with the ownership and control of a creative work, such as moral rights. These misconceptions often result in poor contract drafting, which can result in invalid terms and increased risk of conflict. By: SmithAmundsen LLC
43(B)log
AUGUST 11, 2021
Twain thought he should have ownership of his lectures—“my lecture was my property.” It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking. Prototypical 19 th case: Publishing agreement is silent on ownership; publisher complies w/formalities and author doesn’t.
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43(B)log
AUGUST 11, 2022
Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights?
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.
IPilogue
NOVEMBER 30, 2021
In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. The sale of an NFT also includes a smart contract. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo.
LexBlog IP
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.
IPilogue
OCTOBER 7, 2022
The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated.
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