Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 90

Licensing Copyright Contracts Advertising 90

Traverse Legal Blog

JANUARY 29, 2022

The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. In this example, you are not purchasing the copyright to this photo, as the website says, “Copyright ownership remains with the owner.”

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

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. Plaintiffs attach each of these licenses to the complaint.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

JANUARY 12, 2024

My angst-filled blog post on that ruling. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Instead of asserting copyright and trademark claims, they tried trespass to chattels.

Copying 76

Copying Ownership Derivative Work Contracts 76

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. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Third, is Trump’s claim of ownership barred by 17 U.S.C. 105 , as a “work of the United States Government”? 105, as a “work of the United States Government”?

Copyright 120

Copyright Blogging Publishing Fair Use 120

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52