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 126

Publishing Contracts Art Copyright 126

The IPKat

FEBRUARY 17, 2022

First, held the Board, a machine cannot enter into any binding legal contract. Secondly, the doctrine is about ownership, not existence of a valid copyright. Comment The decision appears appropriate, also in light of international law.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. 2018) (citing Design Data Corp. ’” Rearden LLC v. . Walt Disney Co. ,

Ownership 64

Ownership Copyright Registration Public Domain 64

Copyright Lately

FEBRUARY 20, 2022

After Marvel’s successor Disney released a new Muppet Babies reboot in 2018 without providing him credit or compensation, Scott filed a lawsuit for copyright infringement and breach of contract in the Central District of California. The case didn’t get very far as a result of a somewhat unusual set of circumstances.

Ownership 82

Ownership Copyright Infringement Contracts Copyright 82

Technology & Marketing Law Blog

OCTOBER 6, 2021

1400(b) ) are different from rules of personal jurisdiction, and in 2018 and 2019, Judge Rodney Gilstrap of the U.S. Court of Appeals for the Federal Circuit in 2018 denied Google’s first mandamus petition, but on Google’s second attempt the Federal Circuit Court held in 2020 that mandamus was warranted and venue was not proper.

Blogging 124

Blogging Business Litigation Ownership 124

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 132

Registration Fair Use Copyright Design 132

TorrentFreak

APRIL 20, 2023

In January 2018, Nintendo used a registered letter to advise DStorage of “the existence of links allowing the downloading” of pirated copies of Super Mario and Pokémon games. It also pointed to the availability of the takedown contract that Nintendo declined. The response from DStorage gave Nintendo two options.

Copying 143

Copying Reporting Contracts Law 143

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. Corelogic, Inc. , 3d 666, 671 (9th Cir. 1202(b).

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Kluwer Copyright Blog

OCTOBER 23, 2024

Binding nature The SPR should apply regardless of the copyright ownership of the publication, or of any contractual restriction in the publishing agreement. The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law.

Publishing 74

Publishing Journalism Copyright Editing 74

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. Heads up: The Regulations were revoked in March by the Copyright and Neighbouring Rights (Royalty Collection and Distribution) (Collective Management Organisations) Regulations, 2023.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. That’s important, because in order to be valid, a “transfer of copyright ownership” must be made in a signed writing. 17 U.S.C. § 201(d)(2). 204(a) ). (A

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

The IPKat

NOVEMBER 21, 2023

Background In 2001, Diego Armando Maradona, widely regarded as one of the best football players of all time, submitted an application to register the word mark DIEGO MARADONA (the Mark) as an EUTM in classes 3, 25 and 42, in respect of a range of services.

Registration 67

Registration Ownership Intellectual Property Contracts 67

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.

Litigation 126

Litigation Reporting Settlement Government 126

LexBlog IP

APRIL 1, 2022

It includes a lengthy list of specific financial products with well-understood legal meanings (such as stocks and bonds), but it also includes broader, more flexible terms (such as an “investment contract”), which can apply to a wide range of financial arrangements. [6]. The phrase “investment contract” is not defined in the Securities Act.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. Mr. Perales claimed his relationship with Papa John’s did not violate his commitments to CiCi Enterprises based on an unmemorialized 2018 amendment. [3]

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

MARCH 30, 2023

Most contracts will have a dispute resolution clause at the end, stating arbitration as the primary method of resolving any dispute between the parties. Arbitration is ideal for commercial matters, since it allows the parties to focus on restoring the terms of the contract, as opposed to exercising their legal rights against each other.

Contracts 40

Contracts Settlement Ownership Law 40

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] Nagy , 2018 N.Y. ” [2]. ” [10]. ” [10]. ” [13]. 5] See, Reif v.

Artwork 52

Artwork Art Reporting Ownership 52

IIPRD

JUNE 21, 2021

ii] With India steadily coming to grips with concept of digital currency, it is bound to raise questions of ownership, legal protection and Intellectual Property law’s role in as it has been said ‘growth to the moon.’. Reserve Bank of India, it lifted the blanket ban on cryptocurrency which was imposed by the RBI through its 2018 circular.

IP 40

IP Ownership Intellectual Property Marketing 40

The IPKat

MAY 12, 2023

The software was rewritten in C# and became InSPC v2 in 2017/2018. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues. Mr Aughton's contract at the time he left defined Confidential Information as including "Company software and software development" and Clause 13.2

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IPilogue

MARCH 1, 2022

K: “I have had difficulty understanding longer contracts, especially when I was first starting out. I can only imagine the time it takes to catch these and comment to claim ownership and promote the book in which these graphics are published. What about with larger brands (i.e.,

Social Media 105

Social Media IP Business Branding 105

Kluwer Copyright Blog

NOVEMBER 5, 2024

As held by the Dutch Supreme Court in 2018 , the difference between normal literary works and preparatory design work is the amount of work required to get to a computer program. The applicable rules, namely in terms of ownership, contracts, exceptions and limitations, are not the same. However, the difference is relevant.

Copyright 64

Copyright Design Designs Copyright Law 64

IIPRD

JUNE 13, 2024

IPR is the right for the ownership of the property which is not tangible and is the result of your intellect. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not. Premium Waters, Inc.” [8], rendering it unable to fulfill the co-inventors’ stipulated criteria.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

DECEMBER 21, 2021

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Naked TM, LLC , Cancellation No. equally oxymoronic? - and not abandoned."

Registration 53

Registration Contracts Advertising Advertising 53

Patently-O

MAY 1, 2024

But, mere ownership of the patent does not automatically confer standing – the plaintiff, whether the patentee or an exclusive licensee, must have retained the right under the patent to exclude the accused infringer from practicing the claimed invention.

Licensing 56

Licensing Patent Ownership Patent Infringement 56

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).

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

December 14, 2018. first submission May 2017; resubmitted June 2018). first submission May 2017; resubmitted June 2018). November 28, 2018. first submission April 2017; resubmitted May 2018). November 2, 2018. 2016; resubmitted May 2018). October 30, 2018. July 20, 2018. October 1, 2018.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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]

Contracts 97

Contracts Government Ownership Intellectual Property 97

IPilogue

OCTOBER 7, 2022

In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction.

Art 105

Art Moral Rights Artwork Editing 105

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. Choko 2018 QCCS 5020 at [51]-[2] [ Choko ]. 13 are the only ones that deal with the ownership of copyright in works.

Ownership 92

Ownership Copyright Intellectual Property Design 92

SpicyIP

JUNE 13, 2022

After years of consultations from 2018 onwards, the bill transformed from a ‘ Personal Data Protection Bill’ to a ‘Data Protection Bill’ to what may now be known as a ‘Digital India Act’. Given that the underlying algorithms may have multiple uses, the company that owns the algorithms may not want to give up ownership.

Confidentiality 129

Confidentiality Technology Government Ownership 129

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

Intepat

JUNE 6, 2024

The ongoing debate about inventorship and ownership is significant, as AI may follow the trend of computer-implemented inventions where the inventor is still human. The California Consumer Privacy Act of 2018 protects consumer information from third-party practices.

IP 52

IP Intellectual Property Privacy Technology 52

LexBlog IP

APRIL 4, 2023

District Court for the Northern District of Texas kept the trade secret and breach of contract claims but applied Texas’ preemption doctrine to dismiss claims for breach of fiduciary duty and civil conspiracy. Check out the latest case, PRO MINERAL, LLC v. Marietta, Dist. where the U.S. In Amimon, Inc. Shenzen Hollyland Tech Co.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. Copyright Office, claiming ownership through a written agreement with Coakley.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79