Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Velocity of Content

OCTOBER 31, 2022

It’s certain that the textbook market of 10 years from now will bear little resemblance to today’s market, even if we don’t know exactly what it will look like,” Rosenblatt declared. Click below to listen to the latest episode of the Velocity of Content podcast.

Higher Education 52

Higher Education Public Domain Publishing Marketing 52

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents give you the much-needed competitive edge in the market. Firstly, it prevents other organizations from copying the invention, thereby lowering the risk of competitors in the market.

Invention 105

Invention Patent Inventor Intellectual Property 105

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? NYP appeared first on Technology & Marketing Law Blog. This case covers similar ground as the uncited Hubay v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. and commercial info, including the list of clients and suppliers, distribution methods, marketing strategies, etc.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. After the period of protection, the inventions and information surrounding it fall into the public domain.

Law 52

Law Patent Settlement Inventor 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

Copyright 52

Copyright Public Domain Marketing Marketing 52

The TTABlog

DECEMBER 13, 2022

TBL Licensing, LLC v. Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96

Designs Design Advertising Advertising 96

The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. Generic license. It is useful to examine this narrative.

Marketing 86

Marketing Marketing Public Domain Licensing 86

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 124

Copyright Art Copyright Law Licensing 124

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. A successful defendant, by contrast, recovers nothing he didn’t already have.

IP 72

IP Advertising Advertising Copyright 72

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. The picture in the upper middle is by Amin and is licensed under the Cretive Commons Attribution-Share Alike 4.0

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IP Branding Brands Branding 132

Kluwer Copyright Blog

JUNE 8, 2022

Scenario (1): Public Domain. The public domain is arguably the “cheapest” source of data. The main problem with this category is that to enter the public domain underlying works are on average at least 70 years old, and often much older. Scenario (2): Open Licenses.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 86

Public Domain Licensing Intellectual Property Designs 86

SpicyIP

JULY 17, 2023

The court held that though the mark ‘USCO’ is not registered by the plaintiff, its goods were available in the market under “ITR” mark in association with “USCO” mark and the plaintiff is the prior user of the mark. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

JANUARY 18, 2022

Also, there are numerous rulings in Italy along the lines of the one commented on herein which have held the requirement of periculum in mora to be absent when (any form of) marketing had already been started by the applicant. license. So much for commercial certainty, says Merpel.

Intellectual Property 73

Intellectual Property Marketing Marketing Public Domain 73

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP 60

IP Public Domain Copyright Intellectual Property 60

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. It’s interesting to note that the Act restricts the use of GI marks to licensed users exclusively.

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Registration Blogging Designs Design 93

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. Signal 23 Television v.

Registration 111

Registration Fair Use Copyright Designs 111

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

The IPKat

AUGUST 23, 2022

The library should contain as much of what you do not know as your financial means, mortgage rates, and the currently tight real-estate market allows you to put there. and is licensed under the Creative Commons Attribution 2.0 Generic license Picture on bottom center is a painting by Vincent van Gogh and is in the public domain.

Copying 90

Copying Public Domain Licensing Marketing 90

Copyright Lately

AUGUST 25, 2023

Material that is in the public domain. The same is true if AI is used for technical tasks—blurring out license plate numbers from reality show footage or performing color corrections. Strike or no strike, no one wants to spend millions of dollars to produce and market a work that they can’t fully protect.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Even better, it’s in the public domain.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Make your own or purchase original art from someone else.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

The IPKat

FEBRUARY 17, 2022

Fast forward from the Licensing Act and the Statute of Anne to the present. Also, in pointing to these alternatives, the phrase—"damning by faint praise"—comes to mind, especially if one is concerned about hi-tech market concentration. Both pictures are in the public domain.

Music 67

Music Business Reporting Public Domain 67

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Kluwer Copyright Blog

DECEMBER 1, 2021

The main policy objective behind the consultation is “ to incentivise investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society ”.

IP 70

IP Inventor Invention Intellectual Property 70

Dragons' Den

APRIL 6, 2023

The duo were clearly aware how important it is to look at what registered IP you can get early into your product development phase before it’s in the public domain. Unfortunately, it seemed to them there was nothing that could be protected via IP, and others were doing the same thing in the market, which made Sara drop out.

Designs 52

Designs Design IP Business 52

IP and Legal Filings

SEPTEMBER 13, 2022

Freedom to operate searches provides you with important information about how much business opportunity there is for your firm in the industry, in addition to letting you know whether there would be any difficulties entering your chosen market. Picture Credit: gettyimage]. Is Software Patentable?

Patent 52

Patent Invention Inventor Technology 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. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

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. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

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. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52