Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

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

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

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

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. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.”

Publishing 142

Publishing Ownership Copyright Copying 142

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. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

Music 116

Music Editing Contracts Intellectual Property Law 116

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 133

Contracts Publishing Licensing Editing 133

Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. While not all marketplaces are geared towards offering such passive income, some do.

Artwork 98

Artwork Contracts Ownership IP 98

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 Ownership Copying 97

Kluwer Copyright Blog

NOVEMBER 5, 2024

The applicable rules, namely in terms of ownership, contracts, exceptions and limitations, are not the same. If there is a further programming phase requiring creative choices there isn’t yet preparatory design work. One could choose to look at prompts as normal literary works rather than software. However, the difference is relevant.

Copyright 72

Copyright Designs Design Copyright Law 72

Kluwer Copyright Blog

DECEMBER 17, 2024

Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. Contractual interpretation dictates that the provisions must be given the meaning a reasonable person would have understood the intention of the parties to have been at the time the contract was concluded.

Publishing 52

Publishing Reporting Branding Branding 52

LexBlog IP

APRIL 24, 2023

Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

Kluwer Copyright Blog

OCTOBER 9, 2024

More from our authors: International Handbook of Blockchain Law: A Guide to Navigating Legal and Regulatory Challenges of Blockchain Technology and Crypto Assets, Second Edition by Matthias Artzt & Thomas Richter € 190 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93

Law 75

Law Ownership Publishing Editing 75

The IPKat

JULY 14, 2022

The notes further state that “ the 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9 ”. The EUIPO also clarifies that “ for the Office, the term non fungible tokens on its own is not acceptable.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking. Prototypical 19 th case: Publishing agreement is silent on ownership; publisher complies w/formalities and author doesn’t.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Kluwer Copyright Blog

AUGUST 18, 2024

In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works. The old argument of copyright ownership in academia According to the UK’s Copyright, Designs and Patents Act 1988, the author of a work is the owner of any copyright in it.

Journalism 69

Journalism Publishing Contracts Ownership 69

Kluwer Copyright Blog

NOVEMBER 26, 2021

Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. € by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €

Intellectual Property 59

Intellectual Property Intellectual Property Law Editing Ownership 59

IPilogue

OCTOBER 7, 2022

In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction.

Art 105

Art Moral Rights Artwork Editing 105

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 94

Derivative Work Licensing Artwork Contracts 94

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. Schwartz alleges he was never paid for his services despite numerous messages and meetings.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. The Use of Smart Contracts.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

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. His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship.

Copying 75

Copying Ownership Graphic Design Copyright 75

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. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Licensing 69

Licensing Publishing Journalism Ownership 69

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. Alongside copyright, limits to the availability of reproductions may be due to the neighboring rights existing on non-creative photographs, critical editions or editio princeps. Copyright implies exclusive prerogatives.

Copyright 105

Copyright Public Domain Art Moral Rights 105

LexBlog IP

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. The objective might be to obtain a creative work with full ownership rights, but the reality could be minimal rights to no rights due to the predominant AI-generated content.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Traverse Legal Blog

OCTOBER 19, 2023

AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. The objective might be to obtain a creative work with full ownership rights, but the reality could be minimal rights to no rights due to the predominant AI-generated content.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Gena Feist: you might look at whether they were added to the master ownership/composition ownership as a way of detecting settlement. Can third parties edit for offensiveness?

Copyright 49

Copyright Editing Settlement Music 49

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Kluwer Copyright Blog

OCTOBER 23, 2024

An embargo period could also be justified with regard to publication products that require more substantial publisher investment, such as edited conference proceedings, commentaries, and the like. The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law.

Publishing 81

Publishing Journalism Copyright Editing 81

IPilogue

MARCH 1, 2022

This interview has been edited for brevity and clarity; all emphases are mine. K: “I have had difficulty understanding longer contracts, especially when I was first starting out. I can only imagine the time it takes to catch these and comment to claim ownership and promote the book in which these graphics are published.

Social Media 105

Social Media IP Business Branding 105

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Remedies: Are current statutory protections adequate to protect rights owners in NFT marketplaces? Nike, Inc.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

NOVEMBER 13, 2023

We have previously written about key steps for brand owners to consider for their trade mark strategy in the metaverse and since then, earlier this year, the 12 th edition of the Nice Classification came into force. The more specificity, the better. What does trade marking in the virtual world look like in practice?

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Business Branding 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

MARCH 27, 2023

” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. Instead, OpenAI treats the matter as one of ownership via contract law. Smart Contracts: Smart contracts are self-executing contracts that are coded on the blockchain.

Intellectual Property 52

Intellectual Property IP Inventor Invention 52

Kluwer Copyright Blog

MAY 17, 2023

Second, ownership-based user rights are the strongest. Most terms of use include safeguards to challenge the lawfulness of content removal, but those of Article 17 CDSM Directive, such as content filtering, do not appear in contract terms. EULAs are either silent on some end-user flexibilities (e.g.,

Reporting 52

Reporting Copyright Public Domain Copying 52

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. NordVPN is a transmission service provider, operating in Panama.

Privacy 140

Privacy IP Technology Reporting 140

IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails. However, the buyer of the NFT now had ownership over one unique copy of the same GIF.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52