Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Trademark and Copyright Law Blog

APRIL 13, 2021

Due diligence for mergers and acquisitions. Jenevieve Maerker , Counsel, Co-Chair, Trademark, Copyright & Unfair Competition Practice, LLP. The post Webinar: Trademark Transactions for the Generalist In-House Counsel first appeared on Trademark and Copyright Law. Co-branding agreements. Bankruptcy.

Due Diligence 45

Due Diligence Trademark Intellectual Property Branding 45

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This can serve as evidence of due diligence in case of legal scrutiny.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. This can serve as evidence of due diligence in case of legal scrutiny.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Patently-O

FEBRUARY 20, 2024

The US solicitor general and law professor amici support Nealy, arguing the statute of limitations under § 507(b) does not limit remedies and Congress imposed damages caps elsewhere when intended. The business-owner focused group appears to be concerned about expansions of the discovery rule to other areas of federal and state law.

Music 104

Music Copyright Due Diligence Licensing 104

Patently-O

MAY 9, 2024

The decision may also influence the application of discovery rules in other areas of federal law. It seems unlikely that the outcome of Corner Post would directly contradict the assumption of a discovery rule in copyright law, but it may well serve as an important influence. of Governors, FRS , No. 22-787 (argued Feb.

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 11, 2024

Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Knowing the boundaries of copyright law isn’t just wise; it’s an imperative. Are you safeguarding your innovations with due diligence?

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

The IPKat

AUGUST 27, 2023

The IPKat has received and is pleased to host the following post by former GuestKat Mirko Brüß (Brüß Law) concerning a recent German decision tackling the vexed issue of when an internet platform operator may be held directly liable for IPR infringements. Regardless of this oversight, UrhDaG is inapplicable to the case anyway because as Art.

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

Intellectual Property Office Blog

NOVEMBER 26, 2020

Apart from the copyright law that means every piece of 'designer' furniture, craftsmanship and art must be checked for copyright. A few years ago, a group of interior stylists got together to talk about producing a contract to make sure we were covered when it came to the new copyright laws that had come in.

Copyright 73

Copyright Art Due Diligence Copyright Law 73

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 1. Proposal 7.

Database Right 52

Database Right Licensing Public Domain Artwork 52

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? If so, that image would infringe copyright in the original. So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some due diligence to establish that there is no obvious infringement.

Copyright 97

Copyright Due Diligence Designs Design 97

LexBlog IP

APRIL 13, 2022

This article highlights for you a handful of issues that should be considered when conducting due diligence prior to the purchase or license of costly new software. Generally, the issues we will highlight for you pertain to: Copyright ownership. Use of open source code. Existence of prior licenses. IP Infringement Risks.

IP 52

IP Due Diligence Ownership Licensing 52

IIPRD

JANUARY 24, 2023

Contrary to copyright laws, however, patent laws do not contain a comparable provision giving employers the right to inventions made by their employees while they were working for them. Branding and Trademark Branding is crucial for promoting a company’s identity, attracting customers, and providing high-quality services.

IP 52

IP Invention Intellectual Property Due Diligence 52

IIPRD

FEBRUARY 8, 2024

The amorphous nature of cloud computing presents a challenge when it comes to determining which laws will be applicable. Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction.

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. While NFT-related marks are clearly protected under US law, the laws of other countries might differ. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Due diligence is critical.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

IP and Legal Filings

JULY 13, 2022

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity?

Copyright 67

Copyright Artistic Work Designs Design 67

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. While NFT-related marks are clearly protected under US law, the laws of other countries might differ. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

MAY 15, 2024

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” This Court could clarify that and do good in providing uniform administration of copyright law. Petrella , 572 U.S.

Music 95

Music Blogging Copyright Ownership 95

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Copyright Protection for Source Code. Software technology is patentable under International and US Patent law.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? It would have taken a bit of due diligence, but not much. If you’re interested in learning more, I’d recommend checking out Cornell Law Professor James Grimmelmann’s recent Medium article, “ Copyright Vulnerability in NFTs.”

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

TorrentFreak

JULY 23, 2023

We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. NordVPN notes on its website that it “will only comply with requests from foreign governments and law enforcement agencies if these requests are delivered according to laws and regulations.”

Privacy 137

Privacy IP Technology Reporting 137