The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. Many platforms already incorporate this clause into their terms and conditions, but not all do. Terms and Conditions Apply! The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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 122

Contracts Publishing Licensing Editing 122

Trading Secrets

JUNE 9, 2023

The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a physician as an employee, rather than as a contractor. will apply to any such contract that is renewed after AB 11 is passed.

Contracts 59

Contracts Government Law 59

LexBlog IP

JUNE 9, 2023

The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a physician as an employee, rather than as a contractor. will apply to any such contract that is renewed after AB 11 is passed.

Contracts 52

Contracts Government Law Intellectual Property 52

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. But what does that mean in practical terms? Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever.

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

Plagiarism Today

APRIL 20, 2022

Namely, it says that scraping content from a publicly accessible website is not a violation of the Computer Fraud and Abuse Act (CFAA), even if such activity is barred by the site’s terms of service. Web scraping has been a divisive topic both ethically and legally in large part because of variety of activities it covers.

Licensing 230

Licensing Government Plagiarism Copyright 230

Traverse Legal Blog

APRIL 17, 2021

You have been reading about them all over the news, they’re the hottest topic in tech right now, especially in the blockchain space. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? Let’s talk about it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

The IPKat

DECEMBER 5, 2021

Consequently, both amendment bills were unable to proceed and lapsed upon expiry of the respective terms of the Legislative Council. Whether to impose restrictions to restrict the use of contract to override copyright exceptions. AI is currently the “hot topic” around the globe. This Kat enjoys a good story-telling time.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

TorrentFreak

FEBRUARY 24, 2023

In the short term, rightsholders will continue to request subpoenas, hoping that information held by U.S. Site Blocking and CDN Providers Large international rightsholders are broadly in favor of site-blocking measures, but the topic is controversial in Japan. service providers will help them to identify pirates. One of Yahoo!

Publishing 117

Publishing Advertising Advertising Music 117

Nelligan Law

AUGUST 8, 2022

Intellectual property is the overarching term for rights that flow from these intangible ideas, with different categories of rights and protections contained within it. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

The IPKat

AUGUST 16, 2021

Attendance is free of charge and topics such as commercialization strategies for GIs, and challenges for GIs and the Internet Domain Name System, will be covered. The position is full time and for a fixed term (12 months). The position is full time, with a permanent contract. The closing date is August 25, 2021.

Intellectual Property 62

Intellectual Property Intellectual Property Law Contracts Invention 62

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. Therefore, it makes more sense to speak about metaverse in broad terms for now. The next topic in the discussion was user protection in the metaverse. There are also problems with smart contracts – contract theft, errors in the code etc.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

LexBlog IP

MARCH 14, 2023

The press release quotes an FTC official as stating, “This RFI will begin to unravel how the unequal bargaining power inherent in these contracts is impacting franchisees, workers and consumers.” The existence (and enforcement) of terms that relate to non-disparagement and goodwill issues.

Contracts 52

Contracts Business Government Litigation 52

TorrentFreak

JULY 28, 2022

In addition, Bright House is also allowed to use the term “spying” when referring to network management tools. The same is true for allegations that some smaller artists are being exploited by music companies through terrible contracts. This request was denied as well. No Copyright Alert System Ban.

Music 133

Music Copyright Contracts Copyright Law 133

The IPKat

JULY 11, 2022

Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law. It is the ordinary meaning of the term inventor". Case Background J 8/20 relates to appeals of the decisions to refuse two European patent applications ( EP3564144 and EP3563896 ) for failing to designate a natural person as an inventor.

Patent Law 145

Patent Law Publishing Inventor Law 145

Herbert Smith Freehills

APRIL 12, 2022

Some people might watch a few YouTube videos or read up on a topic. Some of the most useful learnings from this period, he says, relate to the work he did for clients, preparing deep dives into topics and presenting them. “It But also the structured thinking in terms of where do I want to get to and what’s the best path to get there?

Contracts 52

Contracts Law Business Marketing 52

SpicyIP

JUNE 19, 2022

we analysed the term “IPR’ and perused its app(e)alling aspects; (2.) interrogated ‘intelligence’ of IPR and noticed how indefinite the term intelligence is; (3.) Class 1 taught me that the term IP is full of divergence, and can make us ignore whether the umbrella term IP ushers in (non)sense. Misunderstanding Rights 101!

IP 119

IP Fair Use Invention Copyright 119

LexBlog IP

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. But what does that mean in practical terms? I will be doing a webinar on this topic next month, so keep an eye out and feel free to reach out for more information. How is that fair?

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52

The IPKat

OCTOBER 27, 2022

In my employment contract it says, “undertake scholarly activity.” But, are we overdoing it? My view is "no", we should not be presenting every idea that pops into our minds, because although we may be holders of PhD’s or professorships, this does not mean that we are immune to terrible ideas. By terrible ideas, what I mean is useless ideas.

Intellectual Property 92

Intellectual Property Contracts Reporting IP 92

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt.

Licensing 52

Licensing Contracts Law Patent Law 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO’s first bold attempt to deal with the input issues was its decision to reform its current text and data mining exception by opening it up to all commercial uses while maintaining its mandatory nature, namely leaving rightholders no possibility to contract out. Copyright law has always been an emotional topic.

Copyright Law 60

Copyright Law Copyright Law Music 60

Intepat

JUNE 19, 2023

Understanding Key Terms – Knowing the relevant issues with regard to the intellectual property to be assigned and the important clauses to be deliberated on go a long way in maximising the efficiency of an assignment agreement. The ownership is not transferred. It can be understood as renting out one’s intellectual property.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

The IPKat

DECEMBER 6, 2021

Members of ATRIP are invited to submit proposals for papers on these topics in all areas of IP law. The online course " Drafting and negotiating IP terms in research contracts " will be held on January 18-19 and June 7-8, 2022. Abstracts should be sent to the President of ATRIP, Prof. More information can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. The court stressed “the intention of the EU legislature to give broad scope to the definition of the term ‘database’” (§26).

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

The IPKat

OCTOBER 8, 2021

Final days of revision The Mercer Review includes a review of the submissions on a broad range of topics related to patent attorney training and exams. The Review recommends that IPReg should review, with CIPA, the requirement for the PEB to be independent of CIPA in terms of its governance and financial control.

Patent 82

Patent Reporting Contracts Journalism 82

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. This is a long-running dispute and the parties are fighting over whether hiQ is still in business.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. Facts: The plaintiff set out to complete the difficult undertaking after entering into a contract with the Central Public Works Department (defendant No.

Moral Rights 61

Moral Rights Copyright Contracts Law 61

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. Bond documents are, at their foundation, barebones descriptions of the offering and terms and conditions. Copyright Protection for Legal Documents. Case citation : UIRC-GSA Holdings, LLC v.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

DECEMBER 12, 2023

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52

IP Database Right Intellectual Property Copyright 52

The IPKat

FEBRUARY 23, 2023

Finally, returning to the origin of punitive damages, we see terms like ‘exemplary’ and ‘deterrence’, targeting similar conducts in the future. For those who are interested in this topic, the chapter might be a fun read. This SPC's comment certainly raises the alarm for repeated infringers.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . As noted in the beginning, this is a very surface level beginning to this conversation.

Copyright Law 119

Copyright Law Copyright Law Art 119

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. In terms of the type of works eligible for re-use, the new regime covers works of academic literature. A new para 2 to art.

Publishing 130

Publishing Contracts Art Copyright 130

Herbert Smith Freehills

AUGUST 2, 2022

2 Given this trend, what should companies be doing to prepare their personnel for "home raids", including in terms of their mobile device management systems and access policies? This allows for a more tailored retention policy that helps mitigate the risks and costs associated with long-term data storage practices.

Editing 52

Editing Privacy Business Technology 52

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. It recently held a workshop where academics and regulators addressed the issue. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. It recently held a workshop where academics and regulators addressed the issue. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 52

Confidentiality Law Contracts Business 52

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. A similar clause, setting a term of 14 years, existed in the UK’s Statute of Anne 1710. Thus, it is possible for a U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52