Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 132

Publishing Contracts Art Copyright 132

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 75

Contracts Licensing Business Blogging 75

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

Technology & Marketing Law Blog

JANUARY 6, 2023

2011) (affirming dismissal under Section 230(c)(1) based on the removal of the plaintiff’s user profile); King , 2021 WL 5279823, at *1 (holding Facebook has immunity under Section 230(c)(1) to the extent plaintiff’s claims were based on Facebook’s disabling plaintiff’s account). Sikhs for Just., Facebook, Inc. ,

Contracts 114

Contracts Government Publishing Blogging 114

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

TorrentFreak

AUGUST 11, 2022

It all started in 2011 when the US Navy began testing Bitmanagement’s 3D virtual reality application ‘BS Contact Geo’ After some testing, the Navy installed the software across its network, assuming that it had permission to do so. Software Company Sues US Navy. ” 579 ‘Infringing’ Copies.

Copying 144

Copying Copyright Infringement Government Licensing 144

Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

Ownership 98

Ownership Business Contracts Law 98

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

TorrentFreak

SEPTEMBER 27, 2022

In 2013 the company went public but its accounts revealed that since at least 2011 it had being losing millions every year. Rightscorp Allegedly Entered into Acquisition Talks. For many years, Rightscorp’s very existence presented a conundrum. American Films is a Rightscorp Shareholder.

Settlement 143

Settlement Copyright Intellectual Property Confidentiality 143

IP and Legal Filings

SEPTEMBER 4, 2024

After Companies Act, 2013 and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 came into force, the Merger and Acquisition has experienced a major changes. This regulatory system is an important tool in administrating the process and significant aspects of M&A in India. 1] The Companies Act, 2013. [2]

Government 98

Government Settlement Marketing Marketing 98

The IPKat

FEBRUARY 3, 2023

In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Contracts 52

Contracts Music Related Rights Television 52

The IPKat

DECEMBER 5, 2021

To this end, since 2006, the Government has conducted rounds of major consultations and introduced two amendment bills in 2011 and 2014 into the Legislative Council. Whether to impose restrictions to restrict the use of contract to override copyright exceptions.

Copyright 124

Copyright Government Reporting IP 124

TorrentFreak

NOVEMBER 19, 2022

Late 2011, Megaupload founder Kim Dotcom published a promo video that surprised even the most hardened file-sharers. Gambling company 1XBET and Github India are required to disclose any information they hold, including payment information, bank account details, plus any contracts in place with PikaShow. site, i-cdn-0.jonahz-viccen-i-202.site,

Advertising 143

Advertising Advertising Copyright Editing 143

Olartemoure Blog

JULY 17, 2023

Mattel countersued, arguing that Carter Bryant , the designer of Bratz and a former employee of Mattel, had created the dolls while working for Mattel under a contract that stated all his designs were the property of Mattel, thereby making the Bratz design Mattel’s intellectual property.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

The IPKat

MAY 18, 2024

Facts Mr T trained as an editor at a film and audiovisual school run by ECAR CAMPUS from 2009 to 2011. In its 2010/2011 student guide, the school's internal regulations stated that “ students grant their school permission to use their work exclusively for educational and non-commercial purposes, to promote the school to the general public ”.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

IP and Legal Filings

MARCH 19, 2025

It is seen that Dhanush, via the agreed contract, was the owner of all the BTS footage and had warned Nayanthara against its use. Chintamani Rao, 2011 SCC OnLine Del 4712 [6] Ravinder Singh & Sons v. Yashraj Films (P) Ltd., Evergreen Publications (India) Ltd., 2018 SCC OnLine Del 13480 [7] R.G

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

IPilogue

APRIL 11, 2022

Guadamuz was a critic of NFTs since 2011 and only got involved in their trade to understand what the fuss was all about. The crossover with IP rights is unreliable at best, and breach of obligations by buyer or seller in the trade can only be mitigated through breach of contract remedies.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

Olartemoure Blog

SEPTEMBER 13, 2024

On August 30th, the Administrative Department of the Presidency of the Republic (“DAPRE”) issued Decree 1122 of 2024, which regulates Article 73 of Law 1474 of 2011, as amended by Article 31 of Law 2195 of 2022. This decree establishes new guidelines for the Transparency and Public Ethics Programs (PTEP).

Due Diligence 52

Due Diligence Intellectual Property Contracts Government 52

Nelligan Law

JANUARY 31, 2024

If you are an employee who believes that they have been wrongfully dismissed without a fair severance package, are considering signing a new employment contract, or have any employment law related questions, do not hesitate to reach out to our Employment Law Group. For instance, the Court of Appeal for Ontario in Ruston v Keddco MFG.

Law 105

Law Reporting Blogging Contracts 105

LexBlog IP

JULY 29, 2021

3d 269 (2011), the New York Court of Appeals affirmed the Appellate Division’s dismissal of a case after finding that the general release plaintiffs granted to defendants encompassed both known and unknown claims and the agreement was “fairly and knowingly made.” In Centro Empresarial Cempresa S.A. v America Movil , S.A.B.

Contracts 52

Contracts Settlement Technology Law 52

Velocity of Content

SEPTEMBER 24, 2021

In 2011, Hagen Berman successfully sued Apple and five major publishers for colluding to fix e-book prices. The publishers acknowledge that they all have similar contracts with Amazon,” he tells me. Hagens Berman, a Seattle-based law firm that specializes in consumer class action cases, filed the suit in January 2021.

Publishing 52

Publishing Contracts Marketing Marketing 52

IP and Legal Filings

SEPTEMBER 6, 2022

One of the safeguards for minority owners is the Takeover Code of 2011. Minority shareholders’ rights are primarily protected by three principal statutes and regulations: the Companies Act, 2013, SEBI Takeover Code, 2011 Regulations, and the Listing Agreement.

Contracts 52

Contracts Business Law Government 52

IPilogue

JULY 9, 2021

Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. Other contracts are brief, but all are written against the background of default rules such as those on estoppel. v Adkins 395 US 693 (1969), would carry over to patent assignments. . For example, in the U.K. ,

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

The IP Law Blog

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Patently-O

FEBRUARY 29, 2024

” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. ” This allows AlexSam to file for breach of contract. Of importance to this case is understanding both their scope and their duration. See Colton v. 2d 65 (App.

Licensing 52

Licensing Contracts Patent Law Patent 52

LexBlog IP

SEPTEMBER 29, 2021

Consumer Rights Bill – This Bill will give effect to two EU Directives (770/2019 and 771/2019) on consumer contracts for the supply of digital content and digital services, and on consumer contracts for the sale of goods.

Publishing 40

Publishing Government Contracts Law 40

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. 2011) (see here for Prof.

Music 98

Music Copyright Ownership Licensing 98

LexBlog IP

JULY 15, 2022

Given the complete lack of evidence of notice within Defendant’s service itself, Plaintiff’s ongoing use of the service is irrelevant to determining whether he had actual or constructive notice of the post-2011 terms of service. The case is Sifuentes v. Dropbox, Inc. 2022 WL 2673080, *4 (N.D. June 29, 2022).

Contracts 52

Contracts Technology Intellectual Property 52

CopyrightsWorld

FEBRUARY 10, 2021

turned out to be almost identical, and Gassée believed this to be a breach of contract. Samsung: The Supreme Court presided over a few major technology cases in 2019, but in one of the most important ones, it reversed a ruling that found Samsung liable to pay its profit from the entire line of Galaxy phones in 2011. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

The IPKat

DECEMBER 5, 2022

The decision considered whether the UK courts are able to hear a dispute over whether royalties are due under a US patent in view of a contract governed by US law (G W Pharma v Otsuka, [2022] EWCA Civ 1462 ). There is also an exception to the Moçambique principle for claims which relate to a contract.

Patent 69

Patent Contracts Government Law 69

IP and Legal Filings

MAY 22, 2024

the defaunation further explains that the meaning of the “Employment Injury” for the purpose of chapter six and chapter 7 of the code the injury as per section 2(28) can be an accident which has occurred or occupational disease which has contracted within the territory of India or outside the territory of India [5]. Ajay Kumar, (2011). [1]

Government 94

Government Contracts Reporting Law 94

The IPKat

SEPTEMBER 4, 2024

In 2011, Fauré Le Page Paris filed applications for the French trade marks that were containing the words ‘Fauré Le Page Paris 1717’. Through this post you can have a better understanding of reproduction under copyright and related rights , quotation and pastiche , artists’ contracts and internet piracy as well as the Creation Records case.

Personality Rights 59

Personality Rights IP Art Copyright 59

Garrigues Blog

SEPTEMBER 6, 2022

Although the UPC will in principle provide for more uniform decisions and for an easier enforcement of patents in multiple jurisdictions (limited, of course, to the Contracting States of the UPCA), it is also true that as a new and yet to be tested system, it brings with it certain unpredictability.

Patent 52

Patent Contracts Intellectual Property Litigation 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer.

Social Media 105

Social Media Ownership Designs Design 105

Trading Secrets

MARCH 22, 2022

In 2011, Hayley Paige Gutman[1] entered into an employment agreement with JLM Couture, Inc. (“JLM”), Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Background of Case. JLM Couture, Inc. Gutman , 24 F.4th

Social Media 59

Social Media Contracts Confidentiality Business 59

IP and Legal Filings

FEBRUARY 7, 2022

When in 2011, the Defendant Vuillemin wanted to retire, the parties started negotiations for the Plaintiff to purchase the Defendant companies but the said negotiations faultered. Holding the above facts to be true, The Court held that the Plaintiff’s first claim that the Defendant’s breached the contract was true.

Trademark 75

Trademark Intellectual Property Licensing Copyright 75