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 135

Copyright Ownership Social Media Licensing 135

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. ” Addressing the Allegations.

Non-Fungible Tokens 138

Non-Fungible Tokens Cinema Contracts Fair Use 138

Erik K Pelton

JULY 14, 2022

One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. Make sure you have proper contracts. And the infringement doesn’t have to be long.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

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 129

Moral Rights Contracts Editing Related Rights 129

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

To the extent that Schwartz owns any or all of the Intellectual Property, the Complaint alleges that Kilroy’s have infringed and continue to infringe Plaintiff’s rights as the owner of such. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. Section 504(c).

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

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

SpicyIP

JANUARY 7, 2025

The terms of use clarify the ownership of the output generated and how such output can (and cannot) be used. For anyone following the barrage of lawsuits filed against these companies, the prominent affirmative defense raised against the allegation of direct copyright infringement has been (no prize for guessing the obvious)- Fair Use.

Fair Use 59

Fair Use Copyright Ownership Contracts 59

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. The sale of an NFT also includes a smart contract. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Copyright Lately

FEBRUARY 20, 2022

Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series.

Ownership 89

Ownership Copyright Infringement Contracts Copyright 89

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

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff.

Copyright Infringement 114

Copyright Infringement Contracts Ownership Copyright 114

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

TorrentFreak

APRIL 22, 2022

I falsely claimed legal ownership over them and began receiving royalty payments. Using MediaMuv, we entered a contract with Y.T. We also entered contract with a third-party company, A.R., Sometime in 2016, I discovered there were recorded songs of musicians and bands on the internet that were not being monetized.

Music 145

Music Ownership Contracts Reporting 145

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

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

The IPKat

SEPTEMBER 9, 2021

[Does a refusal equate to non-existence, non-conferral and/or non-subsistence of copyright in the work and/or the applicant? Would a refusal be used as a defence to copyright infringement? Under what circumstances may a contracting state make laws to cancel a registration? How may fraud be established? Article 14.

Related Rights 95

Related Rights Registration Copyright Contracts 95

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IP Law 360

AUGUST 5, 2022

A designer who sued Pure Spectrum CBD for copyright infringement and breach of contract has agreed to settle her lawsuit for a nearly 3% ownership of the company, according to a notice filed in Colorado federal court.

Ownership 40

Ownership Designs Design Copyright Infringement 40

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 111

Copyright Ownership Journalism Publishing 111

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

Fair Use 52

Fair Use Ownership Licensing Copyright 52

IP and Legal Filings

JANUARY 23, 2023

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. One such area where copyright violations are common is the internet. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 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. Without the defendants representing themselves, Google now requests a default judgment.

Contracts 123

Contracts Copying Copyright Ownership 123

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues.

Copyright Infringement 69

Copyright Infringement Copyright Confidentiality Copying 69

SpicyIP

JANUARY 5, 2025

Reportedly(see here and here ), a suit has been filed by actor Dhanushs production house Wunderbar Films (the plaintiff) against the Lady Superstar Nayanthara, Actor-Director Vignesh Shivan, and streaming platform Netflix (respondents/ defendants) for copyright infringement.

Copyright 64

Copyright Copyright Infringement Reporting IP 64

IP and Legal Filings

JUNE 2, 2023

The critical elements here are “employee” and work made “in the course of employment” Employee – this is someone employed under a contract of service or of apprenticeship (this is distinct from an independent contractor under a contract for services). But the music copyright landscape is notoriously complicated.

Music 98

Music Contracts Copyright Copyright Infringement 98

IP Law 360

AUGUST 15, 2024

The co-founder of metal band Mushroomhead has filed a copyright infringement and breach of contract suit in Ohio federal court accusing his fellow co-founder of failing to pay him royalties and income from tours and merchandise sales, and failing to rightfully attribute his ownership of many of the band's original musical works.

Ownership 52

Ownership Copyright Infringement Contracts Music 52

IP and Legal Filings

SEPTEMBER 8, 2021

Interestingly enough, copyrights play a pivotal role in the NFT market. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract. However, this can be prevented with stringent IP laws in place.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. NFTs Are Not Copyrightable. The confusion only seems to increase when you introduce copyright into the mix. Again, NFTs are just an ownership record and a link to content.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

The IPKat

JULY 18, 2021

We can predict from C-682/18 and C-683/18 that, from an EU perspective, it is likely that YouTube already transcends Article 17, by implementing technological measures that can be expected from a 'diligent operator in the specific circumstances', at least they would argue, to effectively copyright infringements on that platform.

Music 139

Music Contracts Reporting Government 139

IP and Legal Filings

JUNE 16, 2021

To address this, it is advisable that the company must have a fluent search on the database to not create any risk of infringement. It is important to understand the ownership or possession of IP in case of any such contract with a third party. Companies dealing with open-source must understand the risk associated with it.

IP 98

IP Ownership Registration Licensing 98

The IPKat

DECEMBER 13, 2022

[For this Kat, it is a question of whether DJs should pay for all uses of music or whether the context should determine who pays for the DJs’ use of music] Source: Pinterest In April , the then President of Kenya, Uhuru Kenyatta assented to the Copyright Amendment Bill 2021 which has now become the Copyright (Amendment) Act No 14 of 2022.

Copyright 122

Copyright IP Music Ownership 122

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Shah argued that the copyrights transferred to him “by operation of law” when the friend/bystander handed back the camera.

Copyright 124

Copyright Fair Use Licensing Ownership 124

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

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. According to the copyright laws, a work that has required significant mental activity to create, and is, therefore, considered original, automatically becomes its creator’s intellectual property.

Copyright 74

Copyright Ownership Blogging Intellectual Property 74