The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IP and Legal Filings

DECEMBER 25, 2022

The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1]

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

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

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. Based on the assertion that the assignment agreements relied upon by the publishers do not confer ownership of copyrights relating to the allegedly infringed works, Elbakyan declared them void.

Publishing 142

Publishing Ownership Copyright Copying 142

Technology & Marketing Law Blog

FEBRUARY 13, 2025

Second, how is DistroKid supposed to sort through the ownership and license rights here? The court sides with DistroKid: volitional conduct is not shown merely by alleging that a system copied, reformatted, or distributed copyrighted material, even if the system’s functions can be broken down into three separate events.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Copying 52

Copyright Lately

NOVEMBER 21, 2021

Again, NFTs are just an ownership record and a link to content. But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans. NFTs Are Not Copyrightable.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

IPilogue

OCTOBER 4, 2024

This question can be answered by examining the nature of digital workers’ contributions to the tasks assigned to them and the ownership of copyright under the contractual agreements that digital workers sign with platforms.

Copying 75

Copying Ownership Graphic Design Copyright 75

Traverse Legal Blog

JANUARY 26, 2022

The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

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

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 98

Copying Ownership Derivative Work Contracts 98

TorrentFreak

MAY 13, 2024

In addition, they committed contract breach under California law. No Monetary Damages Google’s proposed judgment holds Nguyen Van Duc and Pham Van Thien liable for DMCA violations and contract breaches. — A copy of Google’s request for a default judgment, filed as a California federal court, is available here (pdf).

Contracts 120

Contracts Copying Copyright Ownership 120

TorrentFreak

APRIL 20, 2023

The basic facts don’t appear to be in dispute; Nintendo informed 1fichier that it had found pirated copies of its games on the service, but 1fichier refused to take them down. Nintendo has been locked in a legal battle with French file-hosting service 1fichier for the past five years. Why Would 1fichier Deliberately Expose Itself?

Copying 143

Copying Reporting Contracts Law 143

TorrentFreak

JANUARY 31, 2023

A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

Copyright Infringement 111

Copyright Infringement Contracts Ownership Copyright 111

IPilogue

JULY 28, 2021

According to section 6 of the Act , ownership will last, until otherwise expressed, for “ the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.” In other words, every photographer owns the photos that they take.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., a jpeg) stored on the cloud. the jpeg) to which it is attached?

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

While the copyright conditions in the user agreements of the applications in question are always important, it will be assumed for the purposes of this post that the apps do not claim ownership through these user agreements. Ownership of copyright in the lectures presented by the speakers. written in advance).

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Fair Use Ownership Licensing Copyright 52

TorrentFreak

JANUARY 31, 2023

A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. 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.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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. Alper Automotive v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

IIPRD

JANUARY 5, 2023

Copy right and Indian cinema. 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.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

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. 22-cv-7074-JST, ECF No.

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Blogging Licensing Privacy Copyright Notice 132

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 96

Contracts Law Artwork Copyright 96

IP and Legal Filings

OCTOBER 19, 2022

NFTs frequently do not confirm the copyright or monopoly property rights of all copies of a certain work; rather, they merely confirm information about their specific assets and the transaction history of a single copy of that work.

Artwork 90

Artwork Copying Contracts Copyright 90

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Buying Objects ? Buying Copyrights.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

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. Copyright means “the right to copy,” therefore, only the creator – or people permitted by the creator – have the right to reproduce the work. What is original work? blog post, article, social post, etc.).

Copyright 74

Copyright Ownership Blogging Intellectual Property 74

IPilogue

OCTOBER 13, 2021

Through Twitter, she expressed that she had outlived all her recording contracts and that her master recordings should legally belong to her. Ownership of masters within the music industry has become a contentious and popular matter, particularly after Taylor Swift’s legal battle resulted in her re-recording her greatest hits.

Music 59

Music Ownership Contracts Copyright 59

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. These are the contract terms that are the most obvious to all the stakeholders in the influencer-marketing game.

Marketing 81

Marketing Marketing Branding Brands 81

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

Copyright Lately

MAY 7, 2021

Deciding the merits of Duthie’s claims is ultimately going to require a court to interpret a slew of contracts, assignments, judgments and other chain-of-title matters going back nearly a hundred years. But those claims won’t require the court to interpret the Copyright Act or any other federal principles.

Ownership 90

Ownership Copyright Copyright Law Television 90

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. This authorization may be grounded on property, contracts, cultural heritage rules or on copyright.

Copyright 105

Copyright Public Domain Art Moral Rights 105

IPilogue

AUGUST 16, 2022

The Court concluded that Lickerish failed to establish copyright ownership — they were unable to prove that an exclusive licence existed between them and the photographer — and thus lacked standing to assert copyright infringement in relation to the photographs. The Federal Court also dismissed this case. Further Reading.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IIPRD

MARCH 13, 2025

These rights include exclusive ownership benefits and rights against any misuse, alteration, modification etc. For example, if you write a novel, copyright protects it from being copied or sold by others without your permission. of their work for a fixed period. These are governed by the Copyright Act, 1957.

Intellectual Property 52

Intellectual Property Registration Design Designs 52

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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Settlement Reporting Intellectual Property Contracts 117

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ. Eric’s Comments.

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Cease and Desist Contracts Privacy Business 116

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.

Ownership 68

Ownership Television Copyright Copyright Notice 68