Technology & Marketing Law Blog

OCTOBER 6, 2021

However, in distancing itself from the hardware ownership, it created ties with its ISPs that would play a role in patent venue considerations. The post The Legal Implications of Datacenter Location (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Blogging Business Litigation Ownership 124

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. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Design 92

The IPKat

JANUARY 23, 2022

Although a bleak winter week, the IPKat is here to warm you up with tales of interesting posts from the IP blogs. The summary was published via the Kluwer Copyright Blog. The figures provide interesting data and the Kluwer Copyright Blog provides its commentary. Is overblocking real? Crabtree v. Crabtree v.

Blogging 84

Blogging IP Copyright Reporting 84

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. And this case is just beginning. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

IP Intelligence

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 “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

Ownership 98

Ownership Copyright Registration Public Domain 98

The IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

Blogging 69

Blogging Non-Fungible Tokens IP Ownership 69

Technology & Marketing Law Blog

MAY 30, 2022

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 111

Blogging Social Media Television Fair Use 111

Nelligan Law

NOVEMBER 22, 2023

Amidst the summer glow and quaint townscapes, the convergence of reality and reel world poses an intriguing question: Can Hallmark claim ownership over a recipe that brings forth wintry magic, despite the fake snow and sunny filming days? And do indulge responsibly in your holiday movie marathons—your family’s sanity may depend on it!

Intellectual Property 98

Intellectual Property Blogging Ownership Trademark 98

IPilogue

AUGUST 17, 2022

One notable example is Meta’s (formerly known as Facebook) ownership of a wearable magnet technology that can track a user’s body poses when worn around the torso. Apple, on the other hand, owns the patent for a wearable device on the thumbs , where the user can manipulate objects in virtual and mixed reality environments.

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Ownership Patent Litigation Technology 105

IPilogue

MARCH 14, 2022

Photo by Hermes Rivera ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. For those of you like me who have survived this long asking the question “what is an NFT?”

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

IP and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. Artificial intelligence in this century is extending its enhancement across industries, from healthcare to entertainment.

Intellectual Property 101

Intellectual Property Design Designs Licensing 101

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

Intepat

DECEMBER 5, 2024

Issues of ownership, counterfeit goods, and infringements are rising concerns, threatening the sustainability of creativity in the metaverse. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Technology & Marketing Law Blog

MARCH 4, 2025

At issue in this case is whether Viral DRM obtains ownership or exclusive licensing rights to the third-party videos it syndicates. The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. Case Citation : Viral DRM LLC v. Seven West Media Ltd.,

Copyright 52

Copyright Blogging Ownership Licensing 52

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. It seems like it did. Let’s see what comes down next.

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Blogging Fair Use Copyright Copyright Notice 105

The IPKat

APRIL 28, 2023

Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? Comment When reading the AG Opinion and commenting on this blog, I considered that the CJEU would likely follow the Opinion's line of reasoning and conclusion. Legea-branded jersey.

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Government Ownership Law IP 105

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Artwork 98

Artwork Blogging Art Copyright 98

Intepat

NOVEMBER 8, 2024

Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. With the ease of sharing online, independent artists must take proactive steps to assert their ownership and protect their creations from unauthorized use.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Intepat

MAY 17, 2024

This includes specifying whether the creator of the prompts, i.e. the prompt engineers, retains ownership or if the rights are transferred to another party, such as the employer or clients, as the case may be. Also, contracts should include intellectual property clauses that address the ownership and usage rights of the prompts.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

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 119

Social Media Ownership Business Branding 119

SpicyIP

FEBRUARY 24, 2022

The NLUJ-CIPS Blog. The Blog regularly publishes articles in the field of IP and functions in a structured manner much like a journal. The ownership over the copyright of the essay published on the CIPS Blog will be transferred to the CIPS Blog and the author shall still retain the moral rights over their work.

IP 129

IP Intellectual Property Blogging Moral Rights 129

Kluwer Copyright Blog

JULY 24, 2024

Is it a proper copyright ownership or an assigned license? There was almost no reference to ownership of training data that had come from parties other than the contractual partners. There was almost no reference to ownership of training data that had come from parties other than the contractual partners. user, service)?

Copyright 135

Copyright Ownership Social Media Licensing 135

Intepat

NOVEMBER 4, 2024

Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. With the ease of sharing online, independent artists must take proactive steps to assert their ownership and protect their creations from unauthorized use.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Technology & Marketing Law Blog

APRIL 8, 2025

The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. The second time I blogged about them , their case fell apart because their purported exclusive enforcement rights weren’t sufficient to confer copyright standing. BONUS 2: Hyphy Music, Inc. Sena, 2025 WL 842893 (E.D.

Cease and Desist 52

Cease and Desist Fair Use Copyright Blogging 52

SpicyIP

MARCH 8, 2025

As remarked by composer and MCAI chairperson Vishal Bharadwaj in his recent interview , producers often demand ownership over derivative rights, and music labels often force composers to let go of their moral rights. Similarly, for the composers and lyricists things werent any better.

Moral Rights 91

Moral Rights Music Contracts Copyright 91

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. The position will subsequently be examined in light of Indian law on the blog.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Update Centralization Any changes regarding ownership or the scope of the trademark can be conveyed effectively to the WIPO instead of a number of jurisdictions.

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Registration Trademark Intellectual Property Brands 97

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

IPilogue

JUNE 2, 2022

Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. While DABUS’ patent application is still developing in Canada, the recent reversal of the Australian decision will likely impact the future of patent ownership rights of AI.

Invention 110

Invention Ownership Intellectual Property Inventor 110

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 105

Social Media Ownership Design Designs 105

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.

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Music Marketing Marketing Ownership 118

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. District Judge Fischer granted the defendant’s motion , stating, “Given that one of the core disputes in this case concerns ownership of the copyright in the Illustration, which is governed by U.K. Background. In 1949, C.W. The Outcome.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Kluwer Copyright Blog

OCTOBER 5, 2022

The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”. Crucially, the ownership of an NFT does not equate to ownership of an underlying asset. Creative Commons’ position on NFTs.

Licensing 114

Licensing Technology Public Domain Non-Fungible Tokens 114

Kashishipr

NOVEMBER 17, 2021

An assignment is, in spirit, a transfer of ownership, even if it is partial. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. It would help in retaining ownership, thereby licensing only certain rights to another party. What is an Assignment of Copyright?

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

SpicyIP

FEBRUARY 3, 2025

The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog! The Court noted that Kirloskar Proprietary Ltd, as the registered proprietor, had superior ownership rights compared to the plaintiffs status as a registered user.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

TorrentFreak

MAY 26, 2023

Instagram was one of the recipients but, instead of taking immediate action, the platform asked for proof of ownership. The company responded to this correspondence with relevant ownership documents but, apparently, Instagram still wasn’t convinced.

Social Media 144

Social Media Copyright Infringement Ownership Fair Use 144

Technology & Marketing Law Blog

FEBRUARY 17, 2022

In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling. Some Related Blog Posts. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple appeared first on Technology & Marketing Law Blog. Are Individual Emoji Depictions Copyrightable?

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Copyright Copying Blogging Intellectual Property 145