The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Is the national anthem in the public domain?

Copyright 119

Copyright Public Domain Government Ownership 119

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

43(B)log

AUGUST 11, 2022

So if you bring kids up speaking this language, you will definitely have lost control.] Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. WFH: an AI can’t sign a written contract or be an employee, so it doesn’t really fit.

Ownership 80

Ownership Moral Rights Copyright Branding 80

SpicyIP

JUNE 14, 2023

Harper Collins ], the Delhi High Court dealt with the vexed issue of copyright ownership in a component of a cinematographic film, namely a screenplay. Holding of the Court A breakdown of the analysis in the judgment indicates that the Court proceeded in the following steps: First, the definition of a literary work [S.

Publishing 98

Publishing Ownership Licensing Contracts 98

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. 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 We blogged this case twice before.

Social Media 119

Social Media Ownership Business Branding 119

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

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

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.” 2d 276 (S.D.N.Y.

Ownership 64

Ownership Copyright Registration Public Domain 64

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

Copying 98

Copying Ownership Derivative Work Contracts 98

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

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

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 125

Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

JANUARY 31, 2022

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition.

Music 108

Music Editing Contracts Intellectual Property Law 108

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. As with other such laws, this law struggles with definitions.

Social Media 98

Social Media Contracts Ownership Business 98

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner.

IP 93

IP Contracts Social Media Copying 93

IPilogue

AUGUST 16, 2022

Further, the Court stated that the statements regarding Pugliese’s citizenship and residence, in the certificate of registration, fell under the definition of hearsay (they were written by a person not involved with the case). Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

OCTOBER 1, 2021

For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 120

Copyright IP Music Ownership 120

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 65

Ownership Television Copyright Copyright Notice 65

TorrentFreak

DECEMBER 4, 2023

While opinions, definitions, and scope vary, it seems fairly clear that lawsuits targeting BitTorrent pirates do little to prevent mass piracy. Since Cypriot public business records tend to obfuscate company ownership, claims that PML was simply CMS with a new coat of paint, and/or under new ownership, remained speculative.

Settlement 121

Settlement Reporting Intellectual Property Contracts 121

LexBlog IP

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred. & Prof. Code § 16600).

Ownership 52

Ownership Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred. & Prof. Code § 16600).

Ownership 52

Ownership Contracts Business Law 52

The IPKat

SEPTEMBER 5, 2022

Alternatively, the Creator may choose to instead provide that the ownership of the NFT (and the licensed rights that attach to such ownership) will simply be based on the records of the relevant blockchain ”. The 'Can’t Be Evil' licenses can be also found in the A16Z repository on Github.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. NFTs could potentially enable ownership but this is yet to be seen.

Ownership 55

Ownership IP Non-Fungible Tokens Intellectual Property 55

LexBlog IP

APRIL 1, 2022

The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] 5] That definition is expansive. Depending on what rights or ownership a particular NFT transfers, it conceivably could qualify as any of various specific financial instruments listed in the Securities Act definition. [7]

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

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 ). Definitely. You Own the NFT.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

43(B)log

AUGUST 25, 2022

Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g. However, it found that Jeong sufficiently pled misleadingness claims about “ownership.” Taking into consideration the fact that.

False Advertising 45

False Advertising Ownership Advertising Advertising 45

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

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

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.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. Note, however, that the statutory definition specifically excludes a “nonexclusive license.” 17 U.S.C. § 201(d)(2). 204(a) ). (A US case.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Trading Secrets

JUNE 14, 2023

SB 9’s additions do not apply to group practices of fewer than 35 physicians in which the majority of ownership is made up of physicians.

Ownership 59

Ownership Contracts Law Business 59

IP and Legal Filings

JUNE 12, 2024

Comparing a partnership firm to a corporate entity or an ownership firm reveals a number of benefits. Its result is that a partner will not be able to sustain a lawsuit about a right that was granted to him or obtained below a contract whenever he joined as a partner. Most of the time, a partnership document would be sufficient.

Registration 105

Registration Business Contracts Law 105

Kluwer Copyright Blog

DECEMBER 5, 2022

At the same time, AR may be a catalyst for boosting the ecosystem surrounding bodies managing cultural heritage, because an attractive cultural site with entertainment features can definitely have an impact on the local tourism-related industry. Thus, ownership of such rights is crucial for exploitation purposes.

Copyright 102

Copyright Public Domain Art Moral Rights 102

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 105

Licensing Copyright Contracts Advertising 105

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52