Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

Technology & Marketing Law Blog

OCTOBER 6, 2021

Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” However, in distancing itself from the hardware ownership, it created ties with its ISPs that would play a role in patent venue considerations.

Blogging 122

Blogging Business Litigation Ownership 122

IPilogue

JULY 29, 2022

This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.

Music 118

Music Marketing Marketing Ownership 118

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. A work-made-for-hire agreement is used so that the hiring party acquires ownership of the work. You can find an explanation for the provisions at the site as well.)

Contracts 52

Contracts Intellectual Property Art Government 52

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 130

Copyright Ownership Social Media Licensing 130

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Intepat

OCTOBER 28, 2024

NFTs are unique digital tokens that represent ownership of specific digital assets. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. Smart Contracts: Are they enough? The minting of NFT is also embedded with a smart contract.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

BYU Copyright Blog

NOVEMBER 18, 2024

Boghraty's claims focused on copyright infringement and breach of contract. Boston University has denied these allegations in its response and claims that the course materials qualify as a "work for hire," granting the University ownership rights under the Copyright Act.

Copyright 52

Copyright Settlement Fair Use Ownership 52

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization.

IP 52

IP Intellectual Property Ownership Contracts 52

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

Blogging 93

Blogging Copyright Licensing Copyright Infringement 93

Biswajit Sarkar Copyright Blog

AUGUST 5, 2022

Thus, it can be concluded that authors of the original musical work, i.e. the composer, are the first owner of the copyright that is incorporated in a cinematographic film.

Music 52

Music Ownership Copyright Artistic Work 52

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 57

Marketing Marketing Contracts Branding 57

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. 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.

Artwork 98

Artwork Contracts Ownership IP 98

Nelligan Law

APRIL 22, 2024

In residential transactions, Halal financing typically involves structures such as Murabaha (cost-plus sale), Ijarah (leasing), Musharakah (partnership), and Istisna’a (manufacturing contracts). This includes agreements outlining the terms of financing, ownership arrangements, and dispute resolution mechanisms.

Due Diligence 105

Due Diligence Ownership Government Law 105

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The next step is to determine whether ownership ever transferred to another party. Not a word on this from the appellate court.

Social Media 88

Social Media Ownership Designs Design 88

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.

Journalism 61

Journalism Publishing Contracts Copyright 61

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media 107

Social Media Ownership Business Branding 107

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 52

Marketing Marketing Contracts Brands 52

Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. Was that ownership transferred, and if so, to whom?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Intellectual Property Law Blog

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. Wading into contract law, the policy underlying the Bayh-Dole act, and the practical realities of Government-funded research, the Federal Circuit rejected USF’s argument.

Licensing 130

Licensing Invention Government Inventor 130

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 113

Ownership IP Non-Fungible Tokens Technology 113

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 108

Fair Use Cease and Desist Contracts Ownership 108

IPilogue

JUNE 23, 2022

This interesting case will likely become a battle over the terms of the contract with strong arguments on both sides. This term mirrors the contracts of most universities (like University of Toronto’s patent policy ) where professors are not the exclusive IP owners for independent work completed during employment.

Contracts 119

Contracts Designs Design IP 119

Kluwer Copyright Blog

OCTOBER 9, 2024

The first ten volumes in the series are now available in searchable pdf format on a dedicated part of the IViR website.

Law 66

Law Ownership Publishing Editing 66

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 83

Copying Ownership Derivative Work Contracts 83

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. The Use of Smart Contracts.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

Kluwer Copyright Blog

JUNE 16, 2021

Gutierrez held that Arty had contractually given up ownership of the rights over remix composition, and therefore had no grounds to sue. Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. Background and decision. From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). 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. Section 230.

Contracts 130

Contracts Publishing Licensing Editing 130

IIPRD

JANUARY 5, 2023

This blog major goals are to identify the different elements that make up a cinematographic film and then to analyse the present legal position regarding who is legally responsible for each of the specified elements. The aforementioned elements are those that are most frequently disputed when discussing copyright ownership.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

BYU Copyright Blog

OCTOBER 21, 2024

However, the Plaintiffs assert in their Complaint that the Defendant does not have copyright ownership of the materials, as they are public policies. The Plaintiffs also state that the PSBA was contracted by the Plaintiffs to recommend policies or language that the Plaintiffs adopted as public policy. Public.Resources.Org, INC.,

Cease and Desist 52

Cease and Desist Public Domain Ownership Contracts 52

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Kluwer Copyright Blog

DECEMBER 8, 2022

National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates. Should problems emerge, a solution could be provided in the – also unharmonised – rules on the first ownership of copyright of scientific publications. Recommendations.

Copyright 104

Copyright Ownership Journalism Publishing 104

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. What is an NFT?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

CopyrightsWorld

MARCH 30, 2021

The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Recent studies reveal that there are over 5 billion blogs and 7 million blog posts are published every day! blog post, article, social post, etc.). What is original work? Obviously no. Work for Hire.

Copyright 74

Copyright Ownership Blogging Intellectual Property 74