The IPKat

JUNE 13, 2022

In a landmark ruling , the High Court recognised NFTs as legal property. In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them. NFTs could potentially enable ownership but this is yet to be seen. Panel discussion.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Name Rights : The court also ruled for JLM on the name rights issue.

Social Media 89

Social Media Ownership Contracts Privacy 89

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. This ruling covers two key topics related to 512. Zimmerman * Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. As Yogesh Byadwal’s most recent post on this topic made me think. While the terms like virtual reality, AI, etc., Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Copyright 138

Copyright Fair Use Copyright Law Law 138

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. There is a need to shed light on the legal status of AI which can help the courts determine whether they are eligible to ownership rights of copyright for their work or not. Stability AI Ltd. ,

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? My angst-filled blog post on that ruling. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Instead of asserting copyright and trademark claims, they tried trespass to chattels.

Copying 74

Copying Ownership Derivative Work Contracts 74

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., Part I summarises the conclusions of our research on how EU copyright rules apply to AI music outputs. folk-rnn , Melomics ).

Music 67

Music Copyright Derivative Work Ownership 67

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. A new para 2 to art. In Bulgarian law, the ‘works for hire’ regime is set out in arts. 41 and 42 of the CNRA. What’s next?

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Publishing Contracts Art Copyright 130

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. Copyright Review Board decisions are appealable in federal court as an administrative agency ruling.]. Emojis and Intellectual Property , a brief and breezy survey of the topic.

Copyright 116

Copyright Registration Fair Use Designs 116

IIPRD

APRIL 2, 2024

With India being a major producer of generic drugs, stricter IP rules advocated by EFTA countries could pose a challenge. xii] This clause gives the original researchers ownership of their clinical trial data for a predetermined amount of time, usually ranging for a period of six years.

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. The panel addressed what the proposed rule would do and what employers need to know to respond. 15 USC § 45(2).

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

FEBRUARY 7, 2024

4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5] 4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5]

Publishing 52

Publishing Government Litigation Inventor 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging 83

Blogging Copyright Settlement Music 83

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. The panel addressed what the proposed rule would do and what employers need to know to respond. ” 15 USC § 45(2).

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. Copyright rules do not impede access.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. The suitability of deeming the gamers as “derivative authors” can also be ruled out, since this would require the gamers to take consent from the game developers for creating. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play?

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

Technology & Marketing Law Blog

MAY 17, 2022

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. 15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. Section 230.

Contracts 122

Contracts Publishing Licensing Editing 122

Technology & Marketing Law Blog

FEBRUARY 12, 2022

Specifically, control is not determined based on private or public ownership, but instead on the government’s exercise of control over the relevant aspects of the social media platform. This ruling reaches a different conclusion than the recent Sgaggio v. cite to Knight First Amendment Institute]v. De Young opinion. Ziegenhorn.

Social Media 101

Social Media Government Ownership Blogging 101

JIPL Online

FEBRUARY 25, 2021

As the music industry evolves, artists are looking to negotiate deals that allow them to maintain ownership of their masters so that they can have more flexibility in monetizing the very music they created. [5] Artists’ Frustrations with Transfer of Ownership in Record Agreements. BACKGROUND. ANALYSIS AND UPSHOT. Recently, the U.S.

Music 98

Music Ownership Copyright Law Contracts 98

LexBlog IP

MARCH 12, 2023

However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. In particular, Judge Black found that declaratory relief for a correction of ownership under 35 U.S.C. § In Calvary Indus.,

Blogging 52

Blogging Litigation Ownership Reporting 52

43(B)log

APRIL 12, 2021

In other places/times, both Indians and colonists were required to use their own brands to identify animals, but who got away with violating the rules was unsurprisingly racialized. The English reminded him that earmarks identified the hogs as private property but deer displayed no comparable sign of ownership.

Branding 40

Branding Brands Branding Ownership 40

Biswajit Sarkar Copyright Blog

JULY 11, 2022

Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. One of the most contentious topics in arbitration is the arbitrability of IP disputes. Arbitration as a concept is not new to the globe, but it does have certain issues.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. Ownership of copyright in the lectures presented by the speakers. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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

43(B)log

FEBRUARY 4, 2023

Copyright owner has initiative, choice of forum, enforcement; researcher can at best get a no-infringement ruling. Motivation for © owners to change how they view ownership? Maybe we should mind, because the result is that creators working in unfamiliar topics and genres are being held to a different standard.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Kluwer Copyright Blog

SEPTEMBER 4, 2023

According to the Court,the ownership of the work could be attributed to the claimant on the basis of the prints of the websites she produced and via an online search, as well as a book published by Mondadori which contained the image with the attribution to the architect.

Art 75

Art Editing Copyright Ownership 75

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. The court predictably reaches the same conclusion as in its first ruling.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. H Lundbeck A/S v.

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IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 15, 2023

In Europe, the Court of Justice of the European Union (CJEU) has affirmed multiple times, notably in its significant Infopaq ruling ( C-5/08 Infopaq International A/S v Danske Dagbaldes Forening ), that copyright is applicable exclusively to original creations. This leaves a grey area when it comes to works generated solely by AI algorithms.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Intellectual Property Law Blog

MAY 2, 2023

New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. This Guidance covers some important topics. The “generative” aspect of GAI implies that something new is being created. Both the U.S. Copyright Office and the U.S.

Government 237

Government Business Licensing Copyright 237

Corsearch

FEBRUARY 15, 2024

Establish rules for employees and partners to maintain a consistent and positive brand image and ensure they are aware of potential brand risks. Actions against non-violating content include: Placing forms of sensitive media, like adult content or graphic violence behind a notice.

Branding 59

Branding Brands Branding Social Media 59