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

The IPKat

DECEMBER 5, 2021

Back to the time when this Kat was still a student and had not even considered IP to be a career option, there were serious concerns regarding the amendments and in particular concerns that freedom of expression could possibly be compromised. Whether to impose restrictions to restrict the use of contract to override copyright exceptions.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

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. We agree with the district court that the language UIRC did draft lacks the creative expression required for copyright protection. Instead, it copied much of the language from the Idaho materials.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

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

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

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

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.) . These rights include the right to science and culture (Art. 27, UDHR & Art.

Copyright Law 119

Copyright Law Copyright Law Art 119

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 59

Moral Rights Copyright Contracts Law 59

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

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

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Purr-haps a good topic for a dissertation.

Litigation 98

Litigation Patent Marketing Marketing 98

SpicyIP

JULY 19, 2021

Topical Highlight. She concludes that the 2021 can have a significant impact on freedom of expression of both filmmakers and members of the public. NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

NOVEMBER 27, 2021

The topic of the intersection between private international law and IP law is continued in Chapter 2 by Graeme W. Jacques de Werra follows with Chapter 4, where he discusses research perspectives on contract law and IP. Chapter 5, authored by Giancarlo Frosio, considers the interrelation between IP law and extra-contractual liability.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

Technology & Marketing Law Blog

MAY 25, 2022

Longer term, this opinion implies significant limits on the ability of legislatures to regulate Internet services’ editorial operations. The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The panel answers that question decisively yes.

Social Media 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Although the number of published cases reporting factual information about emoji was in the single digits until just recently, and German courts have yet to develop a standard method of dealing with them, the topic is growing rapidly even though courts have some trepidation about it. Hesitation to display emoji in opinions.

Blogging 80

Blogging Social Media Publishing Reporting 80

Technology & Marketing Law Blog

JUNE 20, 2023

The term “lawfully” is often used as a synonym for “with permission,” but the two terms are not the same. More precisely, the term “lawfully” includes, but is not limited to, derivative works created with permission of the copyright owner in the underlying work. Barton Beebe’s empirical work on this topic.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Fresh Express, Inc. The court found that there was no contract establishing confidentiality, despite arguments that company policies protected the information from disclosure. in a trade secret and contract suit. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

SpicyIP

MAY 4, 2023

The Proviso added to Section 17 prescribes that the rights of an author of original literary, dramatic, and musical work will be unaffected by the Producer’s ownership of the copyright in a cinematographic film and ownership of the employer on the work made under a contract of employment. and Music Broadcast Ltd.

Music 98

Music Copyright Ownership Licensing 98

The IPKat

JUNE 26, 2021

The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel.). Persistently storing on the first communication device’ (1g) The Judge declined to accept that ‘persistent storage’ was a term of the art. Voxer accepted that storage in the short-term RAM buffer did not satisfy the claim ([180]).

Invention 52

Invention Art Patent Contracts 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. In recent years, Taylor Swift has expressed her frustrations with the lack of control in her music as famed music manager Scooter Braun acquired the rights to her masters. [9]

Music 98

Music Ownership Copyright Law Contracts 98

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? We’ve seen such marketplaces grab huge power in terms of stock markets (the New York Stock Exchange dominated the market for stock markets until recently), goods markets (Amazon!), Q: Where should one start learning about these topics?

IP 105

IP Law Intellectual Property Privacy 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

BI had asked FDA to change its interpretation of the term “strength” as used in the BPCIA for parenteral solutions to mean “total drug content” without regard to concentration. In a joint claim construction brief filed on March 15, 2021, the parties disputed the constructions of “five groups of related or identical terms.” (Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52