IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

Ownership 98

Ownership Copyright Public Domain Registration 98

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

DECEMBER 25, 2022

The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. This is going to be made possible through the NFT technology. Which field of law will govern such digital assets and the NFT technology?

Non-Fungible Tokens 82

Non-Fungible Tokens Government Law Intellectual Property 82

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. I can’t find it.”.

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

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. WFH: an AI can’t sign a written contract or be an employee, so it doesn’t really fit. Fagundes: Worth pointing out that all creativity is mediated by some technology.

Ownership 80

Ownership Moral Rights Copyright Branding 80

LexBlog IP

NOVEMBER 13, 2023

Introduction Digital technologies such as the metaverse, non-fungible tokens ( NFTs ), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks. The more specificity, the better. What does trade marking in the virtual world look like in practice?

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Business Branding 52

LexBlog IP

AUGUST 16, 2023

IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. In most cases, this can be broken down between two central areas – technology and branding. Technology is often protected through patents or trade secrets.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Plagiarism Today

AUGUST 2, 2022

It just requires a complete rethinking of the technology and its application. The idea fairly simple, since an NFT is basically a contract signed in the blockchain, combine that with Safe Creative’s own database of works to enable the NFTs to convey copyright information including ownership and licensing. Finding a Use.

Copyright 228

Copyright Non-Fungible Tokens Technology Plagiarism 228

LexBlog IP

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Traverse Legal Blog

APRIL 17, 2021

My name is Enrico Schaefer, I am a technology attorney with traverse legal PLC, and today I want to talk about nonfungible tokens or NFTs. Blockchain and blockchain technology is in the spotlight right now. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

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. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

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. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 79

Social Media Ownership Designs Design 79

The IPKat

JANUARY 13, 2022

Interest in blockchain technology, tokens, and IP, continues apace. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". Additional license conditions can be already included in the smart contract (e.g.,

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.

Business 122

Business Music Contracts Non-Fungible Tokens 122

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.

Marketing 57

Marketing Marketing Branding Brands 57

Kluwer Copyright Blog

JUNE 16, 2021

Gutierrez held that Arty had contractually given up ownership of the rights over remix composition, and therefore had no grounds to sue. Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. Background and decision. From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal.

Ownership 98

Ownership Business Contracts Law 98

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

43(B)log

OCTOBER 10, 2023

16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. Issuance is a competitor: a financial technology company with a retail capital raising and investment processing platform. Issuance Inc., 2023 WL 6373871, No.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Patently-O

JULY 22, 2022

Steven Young and Carl Hewitt developed technology for monitoring infant biometrics. The result was SleepIQ technology for Sleep Number smart beds. However, the pair had not fully exited from their Sleep Number contract. by Dennis Crouch. Later, they began working with Sleep Number Corp. who eventually purchased their company.

Patent Prosecution 78

Patent Prosecution Patent Invention Patent Application 78

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

Kluwer Copyright Blog

JULY 5, 2022

People are just not using the technology as yet. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them. NFTs could potentially enable ownership but this is yet to be seen. VR is currently still more of a niche. DAOs have a lot of inherent issues.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

IPilogue

OCTOBER 25, 2022

Is technology’s rapid rise really a great equalizer for improving social welfare globally? . Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. Increasing prices of technology have only served to further disparities in access and skill development.

Intellectual Property 111

Intellectual Property IP Patent Troll Technology 111

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 65

Ownership Licensing Copyright Fair Use 65

Kashishipr

FEBRUARY 23, 2022

The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated. Instead, it is they may not own the exclusive rights to the Intellectual Property (IP) assets that such technologies are built upon usually. Having Proper IP Portfolios In Place.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

IPilogue

JANUARY 16, 2023

When I was first assigned a utility provider as my placement for the Intellectual Property Law and Technology Intensive, I thought, “What does providing electricity have to do with intellectual property?” Whether through an NDA or an employment contract, a business’s dealings must reflect its IP strategy.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

LexBlog IP

FEBRUARY 21, 2022

To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard. Their Terms and Conditions read : You Own the NFT.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. At the same time, rightholders have tools and can develop strategies to tailor ‘spheres of access’.

Copyright 122

Copyright Art Licensing Contracts 122

IPilogue

JANUARY 26, 2022

Over the past few months, I was lucky to be placed at two very different organizations as part of the IP and Technology Intensive Program. I also updated a “Document Log” for the legal team, which is a record of contracts that have IP-related provisions. All Capstone group members are co-inventors with title to the Capstone IP.

Inventor 106

Inventor IP Contracts Business 106

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). 1] VLSI Technology LLC v. Intel Corp.,

Licensing 52

Licensing Contracts Litigation Technology 52

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.

Marketing 52

Marketing Marketing Contracts Branding 52