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.”. . user ownership of digital assets)?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

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.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

IPilogue

JUNE 2, 2022

Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. While DABUS’ patent application is still developing in Canada, the recent reversal of the Australian decision will likely impact the future of patent ownership rights of AI.

Invention 111

Invention Ownership Intellectual Property Inventor 111

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

43(B)log

DECEMBER 6, 2023

If the agreement was terminated before payment, the contract provided “all rights of ownership in the concept, design, and Work itself” to Williams, but didn’t reserve those rights if it was completed and paid for. This omission is telling.” Thus, VARA’s attribution right did not apply to the commercial.

Ownership 69

Ownership Contracts Copyright Registration 69

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 62

Patent Application Inventor Patent Invention 62

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

IP Law 360

JULY 26, 2023

A lawyer at the Trademark Trial and Appeal Board has rejected arguments from a small Lego rival from Hong Kong that tried to wipe out the toy giant's ownership of trademarks covering the "Lego" name as a punishment for embarking on a "campaign to pressure 13 leading dictionary publishers to remove or revise their definitions of 'lego.'"

Ownership 40

Ownership Publishing Trademark 40

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 52

Patent Application Inventor Patent Invention 52

SpicyIP

JUNE 14, 2023

Harper Collins ], the Delhi High Court dealt with the vexed issue of copyright ownership in a component of a cinematographic film, namely a screenplay. Holding of the Court A breakdown of the analysis in the judgment indicates that the Court proceeded in the following steps: First, the definition of a literary work [S.

Publishing 98

Publishing Ownership Licensing Copyright 98

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? In the definitive judgement issued on 20 December 2023, the appeal lodged by Mr. Thaler was ultimately rejected.

Inventor 94

Inventor Patent Law Invention Law 94

SpicyIP

JANUARY 22, 2023

Typically, collaboration agreements contain key details about the invention, scientific and manufacturing processes, intellectual property right ownership, research pl ans, collaborator rights, resource allocation etc. And knowledge regarding ownership of intellectual property is the first step towards increasing its access.

Government 127

Government Intellectual Property Ownership Technology 127

The TTABlog

FEBRUARY 13, 2023

The Examining Attorney relied on dictionary definitions and a Wikipedia entry for "soul food" and on several website excerpts that use the term SOUL FOOD to describe a category of food sold at grocery stores. The multiple dictionary definitions alone establish that SOUL FOOD is merely descriptive of traditional southern African American food.

Marketing 70

Marketing Marketing Ownership Registration 70

The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. In 1982, California amended its copyright law to remove the distinction between pre- and post-publication but continued to use the term “exclusive ownership.”

Copyright Law 98

Copyright Law Copyright Law Ownership 98

43(B)log

AUGUST 25, 2022

Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g. However, it found that Jeong sufficiently pled misleadingness claims about “ownership.” Taking into consideration the fact that.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

LexBlog IP

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred.

Ownership 52

Ownership Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred.

Ownership 52

Ownership Contracts Business Law 52

TorrentFreak

MAY 18, 2023

” The precise terms of the AtomoHD shutdown are unknown but domain transfers are definitely involved. . “It is increasingly clear that major criminal operators like AtomoHD are not immune from ACE’s enforcement actions.”

Intellectual Property 125

Intellectual Property Ownership Reporting Government 125

IPilogue

SEPTEMBER 3, 2021

The Federal Court in Australia found that no provision expressly excludes AI from the definition of “inventor”, nor does the actual term require a human author. Unfortunately, expanding this definition could also afford companies more inventive liability loopholes. A Flexible Australian Approach. Patent Law in Canada.

Inventor 106

Inventor Patent Law Law Patent 106

Patently-O

JANUARY 24, 2023

.” Specifically, this case arises from the Federal Circuit’s denial of a patent to an invention created by an artificial intelligence (AI) system, holding that an AI system is categorically unable to meet the definition of “inventor” under the Patent Act. PERLMUTTER et al, Docket No. 1:22-cv-01564, Paper No. 16 (D.D.C.

Invention 125

Invention Intellectual Property Registration Copyright 125

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

The IPKat

JANUARY 24, 2023

Access, within the field of copyright law, is a question of ownership, authorisation or exception. Ownership is (mostly) straightforward as one may either author and own a work by law or acquire ownership through the operation of law or through payment or relevant contractual processes.

Government 135

Government Ownership Copyright Law Copyright 135

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. NFTs could potentially enable ownership but this is yet to be seen. Conclusion.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

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 97

Social Media Ownership Branding Brands 97

43(B)log

MAY 19, 2023

And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership. And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. 36/2023: According to Article 1 of the Federal Decree-Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

IPilogue

MARCH 31, 2023

I recalled the Copyright Act recognises joint ownership of work under section 2 as work of joint authorship , defined as a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.

Registration 105

Registration Copyright Ownership Artistic Work 105

IPilogue

NOVEMBER 8, 2021

Although Pearson does not provide these answers nor retain ownership of the solutions, Pearson alleges that Chegg provides its clients with “ textbook questions often copied nearly verbatim or with just slight changes.” This complaint will definitely be one to follow. Importance & Potential Implications . When the current U.S.

Copyright Infringement 106

Copyright Infringement Derivative Work Copyright Copying 106

43(B)log

FEBRUARY 3, 2024

There’s no authoritative definition of cultural appropriation, but overlap in definitions: power imbalances between person using expression and source community (which might not even like that identification), lack of understanding of user, offensiveness (which may be based on decontextualization of meaningful symbol).

Branding 59

Branding Brands Branding Art 59

Trading Secrets

JUNE 14, 2023

SB 9’s additions do not apply to group practices of fewer than 35 physicians in which the majority of ownership is made up of physicians.

Ownership 59

Ownership Contracts Law Business 59

IP Watchdog

JULY 1, 2022

Patent and Trademark Office (USPTO) will begin mandating identity verification for parties filing certain kinds of electronic trademark forms with the agency with the goal of stopping Trademark Terminal and other well-known trademark scams; INTA asks the Second Circuit to clarify the definition of “expressive works” for applications of the Rogers test; (..)

Ownership 40

Ownership Copyright Trademark Patent 40

Kluwer Copyright Blog

JANUARY 5, 2023

But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.

Copying 67

Copying Copyright Ownership Intellectual Property 67

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

Invention 122

Invention Inventor IP Ownership 122

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 9] This definition particularly does not specify whether this person is a natural or a legal person. The recent cases in the field raised multiple other questions as well.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92