Kluwer Copyright Blog

JUNE 20, 2023

Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies. Such resales of works of art taking place in tandem with NFT undertakings may generate the resale right, presupposing that on-chain NFT ownership and off-chain artwork ownership are aligned.

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IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

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Intellectual Property Law Intellectual Property Contracts Law 52

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

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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. However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.”

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IIPRD

JANUARY 5, 2023

A precise elucidation about the ownership of cinematographic films has been provided by Section 17 of The Copyright Act, 1957 Act. According to the law, a scriptwriter who is engaged by a producer to write a good script has no ownership rights to the work he produces. [2] Who Owns What and Why.

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SpicyIP

MARCH 20, 2023

For instance, in 2012 Kodak used its facial recognition patent, among its other IPs, as collateral when it was facing bankruptcy. The whole patent portfolio of the company, at the time of their auction, was reported at a whopping 2 billion USD in 2012! However, mere creation is not sufficient for protecting the interests of a creditor.

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Biswajit Sarkar Copyright Blog

AUGUST 5, 2022

However, this argument came to an end in 2012 with an amendment to the act which stated that the rights of authors of original literary, dramatic, musical or artistic works which are incorporated in a cinematographic film will not be affected even if it is made at the instance of a producer who has invested valuable consideration into it or has employed (..)

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IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

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IP and Legal Filings

SEPTEMBER 8, 2021

Moreover, in 2012, the USPTO received several patent applications that contained the terms “cryptocurrency” and “blockchain”. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract.

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TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

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IP and Legal Filings

MARCH 19, 2025

ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. It is seen that Dhanush, via the agreed contract, was the owner of all the BTS footage and had warned Nayanthara against its use. Lifestyle International (P) Ltd.,

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Copyright Law Copyright Law Fair Use 59

IPilogue

AUGUST 16, 2022

The same was true regarding the address listed on the 2012 syndication agreement between Pugliese and August. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link]. The Court indicated that the standard affidavit formula requires a person to insert their name followed by an address.

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Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

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Technology & Marketing Law Blog

JANUARY 25, 2023

In 2012, the FBI arrested Shah for extortion, which sparked news coverage. Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., He posted the photos to Facebook and his IMDB page ( this one? ).

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Copyright Fair Use Licensing Ownership 124

Patently-O

FEBRUARY 16, 2023

Reddit: Anyone can start a subreddit, and back in 2012 Jaime Rogozinski started r/WallStreetBets. Reddit claims control and ownership because the subreddit is on its site and under its control; Rogozinsky argues that he did all the work building the brand for himself – not for Reddit. Lawrence, III is representing the plaintiff.

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Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

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CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

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LexBlog IP

DECEMBER 20, 2023

collectively, “Finjan”) in November 2012. Under the agreement, Intel received a perpetual and irrevocable license to “Finjan’s Patents,” which meant, “all Patent Rights that are owned or controlled at any time on or after November 6, 2012[,] by Finjan.” and Finjan Software, Inc.

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IP and Legal Filings

APRIL 26, 2023

4] The Copyright (Amendment) Act of 2012 was enacted to establish a fair and rational system for copyright administration, and revenue sharing, and to protect the rights of those involved in audio and video recordings. [5] Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

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Patently-O

FEBRUARY 22, 2023

10] According to one of the biggest litigation funders, publicly traded Burford Capital—recently featured on 60 Minutes [11] —there was a 237% increase in overall litigation funding in the US between 2012 and 2018, a trend that, by all accounts, continues unabated. [12] 604C (2021); Nonrecourse Civil Litigation Advance Contracts, Ohio Rev.

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LexBlog IP

MARCH 10, 2024

4/2012) in the UAE. Economic Concentration : Actions resulting in the transfer of ownership or usufruct rights, granting control over another Establishment or a group. Article 11 allows exemptions for specific contract categories required for economic growth. Introduction: In a significant step, Federal Decree-Law No.

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IP and Legal Filings

JULY 31, 2023

To justify penetrating the corporate veil, the wrongdoer(s) must have both ownership of the firm and impropriety, which means that the company is being utilised or exploited as a tool to conceal their improper activities. Union of India, (2012) 6 SCC 613: (2012) 3 SCC (Civ) 867. [iv] REFERENCES [i] [1896] UKHL 1, [1897] AC 22.

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SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

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SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. Delhi High Court’s Intellectual Property Division Rules, 2021.

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LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] ” [2]. ” [13]. 11] Decision and Order on Motion, at 11, Reif v. 161799/2015 (2020).

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43(B)log

AUGUST 5, 2021

Through 2012, only about 1000 registered. Ownership is of linguistic description of structural properties of invention. found in one key case that boat hulls didn’t infringe if the decks were different. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Independent creation is likewise justified.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In September 2020, Governor Newsom signed into law the California Affordable Drug Manufacturing Act of 2020 (SB 852), which would allow the state’s Health and Human Services Agency to contract with drug manufacturers and suppliers to produce and distribute its own label of biosimilars, biosimilar insulins, and generic drugs. at 1339–40.

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IP and Legal Filings

JANUARY 23, 2024

DAOs stand by the statement that, “code runs the board” rather than the other way around since the code is open source i.e. can be seen by anyone, is executed by efficient smart contracts and finds its way around the archetypal company management style. iv] (user content stored on centralised servers of the company). [v]

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SpicyIP

DECEMBER 31, 2024

To reach this finding, the Court carefully assessed and reproduced the relevant excerpts from different cases, notably IPRS vs. Eastern Indian Motion Pictures, and the Statement of Objects and Reasons to the Amendment Act of 2012. The Judgement was passed by Justice Ravi Krishan Kapur. On April 15, the Delhi High Court in Hershey’s v.

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43(B)log

FEBRUARY 19, 2022

Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. Disempowers those who participate in TM but not in the ownership of the company. In 2016, b/c of issues from 2012 and McCain, the ASCAP/BMI blanket license added an opt out for political campaigns. There is no one truth.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage. The court held that because each of them was seeking a declaration of sole ownership, the parties could not be joint authors. 1332 ].

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