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 116

Copyright Public Domain Government Ownership 116

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

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 75

Copyright Cease and Desist Ownership Registration 75

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

Plagiarism Today

AUGUST 23, 2022

According to the study, only one in 25 even attempts to transfer copyright ownership with the purchase of the NFT and even that may be ineffective. The “vast majority” of NFT projects did not attempt to convey any ownership of intellectual property rights. The answer is, quite simply, not much.

Copyright 259

Copyright Ownership Intellectual Property Technology 259

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 89

Publishing Ownership Licensing Contracts 89

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

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

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

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. movie, of course, was Pulp Fiction,” they write.

Non-Fungible Tokens 128

Non-Fungible Tokens Cinema Contracts Fair Use 128

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

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 59

False Advertising Ownership Advertising Advertising 59

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

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

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

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

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 83

Copying Ownership Derivative Work Contracts 83

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 107

Social Media Ownership Business Branding 107

Trading Secrets

DECEMBER 21, 2023

Seyfarth Synopsis : Ever since the New York State Legislature passed legislation to prohibit non-compete clauses in employment contracts in June 2023, the bill has languished awaiting Governor Hochul’s signature. It voids “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind.”

Contracts 52

Contracts Business Ownership Law 52

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 66

Ownership Television Copyright Copyright Notice 66

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

LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. Article 11 allows exemptions for specific contract categories required for economic growth.

Law 52

Law Intellectual Property Marketing Marketing 52

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

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

Kluwer Copyright Blog

AUGUST 19, 2024

Winning a research grant creates obligations for both parties but considering the old issue of copyright ownership in academia, it would be better if a convenient solution could be found. Clearly, these additional agreements cannot be under another CC licence; they must be under general copyright legislation.

Licensing 61

Licensing Publishing Journalism Ownership 61

LexBlog IP

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 52

Ownership Contracts Law Business 52

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 107

Music Editing Contracts Intellectual Property Law 107

LexBlog IP

FEBRUARY 24, 2023

Definition of Vessel: Article 11 of the UAE Maritime Law defines a vessel as any structure operating in maritime navigation, regardless of its power, weight, or purpose of navigation. The law governing maritime in the UAE is Federal Law No. 26 of 1981 Concerning Commercial Maritime Law.

Law 40

Law Contracts Registration Ownership 40

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

LexBlog IP

MARCH 30, 2023

Most contracts will have a dispute resolution clause at the end, stating arbitration as the primary method of resolving any dispute between the parties. Arbitration is ideal for commercial matters, since it allows the parties to focus on restoring the terms of the contract, as opposed to exercising their legal rights against each other.

Contracts 40

Contracts Settlement Ownership Law 40

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 88

Social Media Contracts Ownership Business 88

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 126

Copying Non-Fungible Tokens Contracts Copyright 126

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

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 112

Settlement Reporting Intellectual Property Contracts 112

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 88

Derivative Work Licensing Artwork Contracts 88

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 118

Copyright IP Music Ownership 118