Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

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Licensing Non-Fungible Tokens Copyright Copying 102

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. NFTs may offer opportunities for U.S. artists to obtain remuneration from downstream resales of their works (a.k.a.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

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Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

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Copyright Art Licensing Contracts 118

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

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.

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. It’s a simple idea, but one that hasn’t taken off yet.

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Copyright Non-Fungible Tokens Technology Plagiarism 245

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). Learn more about NFT licensing.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

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Music Art Licensing Copyright 98

Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. We write to inform those wary of the potential for a new sweeping WIPO Internet treaty to take note. Photo: Emmanuel Berrod. But the present draft clearly reaches such content. [2]

Public Domain 61

Public Domain Contracts Copyright Licensing 61

TorrentFreak

DECEMBER 19, 2022

Fraud has been the key charge in several big UK piracy cases over the last few years, despite the key offenses having a direct link to copyright law. “These provisions may include breach of contractual terms, fraud or secondary copyright infringement depending on the circumstances.” So what else is on the table?

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

IP and Legal Filings

JULY 21, 2022

The time is ripe to strike a balance between the copyright owner’s economic interests and the public’s right to have access to information and knowledge for growth and development of society before it turns out as blessings of talent over the curse of poverty. for taking reprographic usage licenses after paying a prescribed tariff.

Copyright 90

Copyright Licensing Higher Education Copying 90

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework.

Copyright 105

Copyright Ownership Journalism Publishing 105

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Before tackling more serious matters, a quick look at legal streaming services’ subscriber agreements provides a wealth of information.

Copying 116

Copying Social Media Licensing Technology 116

The IPKat

DECEMBER 6, 2021

CIPLITEC | Center for Intellectual Property Law, Information and Technology Copyright 2030 – “ The Future of the Creative Ecosystem in Europe ” (9 December 2021) CIPLITEC's interdisciplinary group of leading academics is organizing an online event on 9 December 2021 from 17:30 to 19:30 (CET). More information can be found here.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright Law 64

LexBlog IP

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. NFTs may offer opportunities for U.S. artists to obtain remuneration from downstream resales of their works (a.k.a.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

Ownership 66

Ownership Licensing Copyright Fair Use 66

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. But isn’t all of copyright law form over substance? Case citation : Nicklen v.

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Social Media Copyright Fair Use Licensing 140

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Social Media 249

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. All meme-like images in this article are properly licensed. Are Memes Dangerous? Yes and no.

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Fair Use Intellectual Property Settlement Business 52

The IPKat

FEBRUARY 3, 2023

While TDM may be performed in different ways, the key value of predictive TDM processes thus lies in facilitating the treatment, recombination, and extraction of further knowledge from large amounts of data and text, allowing the identification of patterns and associations between seemingly unrelated pieces of information.

Government 141

Government Related Rights Copyright Law 141

IP and Legal Filings

NOVEMBER 11, 2022

Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. Copyright arises in China as soon as an original work is created, even in most cases where the work is created outside of China. Copyright arises on the date the original work is created. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Look for those that have Creative Commons licensing so they can be used commercially. If this is the case, you will still be the owner of the copyright for “works done for hire” or those that fall under the purview of your employment or creative contract. Public domain resources as a starting point.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties.

Copyright 52

Copyright Music Moral Rights Ownership 52

Kluwer Copyright Blog

JANUARY 17, 2024

For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. Furthermore, it would give some teeth to open-source licensing conditions, providing means of enforcement beyond contract law.

Copyright 76

Copyright Database Right Music Intellectual Property Law 76

The IPKat

JUNE 26, 2022

There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies. Further information is available here. and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 55

Government Database Right Intellectual Property Copyright 55

The IPKat

SEPTEMBER 3, 2022

This is a book review of ‘ Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author ’, by Professor Kathy Bowrey , UNSW, Sydney. One place to start is to ask ourselves why there has been so little change from the basic terms and conditions of Melba’s early 1900 contracts to those of the present day.”

Copyright 95

Copyright Music Intellectual Property Marketing 95

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

Kluwer Copyright Blog

MAY 11, 2023

The Regulations provide that the exception under Section 53A shall be available only to researchers having lawful access to copies of protected works under the supervision of a person who is responsible, within a research institution, for the security and integrity of the networks and databases.

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Copying Copyright Law Copyright Social Media 102

IP and Legal Filings

NOVEMBER 30, 2022

Collateral between the investor and the creative economy actor can be in the form of: Fiduciary guarantee of intellectual property; A contract for creative economic activities; and/or. The IP valuation is to be done by an IP appraiser who must be licensed by the Ministry of Finance. Receivables from the creative economic activities.

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IP Intellectual Property Business Government 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Plaintiffs sufficiently allege conduct that encourages or assists infringement, specifically, that “Defendants continued to provide service to their subscribers despite knowledge that their subscribers were using the service to engage and facilitate massive piracy of Plaintiffs’ copyright protected Works.”

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Copyright Advertising Advertising Copyright Infringement 128

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Conclusion.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

FEBRUARY 22, 2022

The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

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Copyright Public Domain Marketing Marketing 52