The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

Traverse Legal Blog

APRIL 17, 2021

There’s not a lot of information out there about NFTs, so if you want to sell an NFT, if you’re an artist or creator, you need to know the legal implications of what you’re doing. Be an NFT expert if you want to take advantage of this emerging market. There’s very little information about these things.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 81

Social Media Ownership Designs Design 81

43(B)log

OCTOBER 10, 2023

The slide deck had disclaimer language that the information on the slides was not complete, and that the slides contained forward-looking statements. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

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 114

Ownership IP Non-Fungible Tokens Technology 114

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. One potential use is Safe Creative’s.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

LexBlog IP

DECEMBER 18, 2023

Firstly, buyers must be aware of designated areas for foreign ownership, known as freehold properties, as per UAE laws. Contract Formalities: Developers and brokers are not allowed to engage in informal contracts for off-plan property sales without prior approval from competent authorities. The post Thinking of Investing?

Contracts 52

Contracts Due Diligence Registration Ownership 52

LexBlog IP

AUGUST 14, 2023

Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) identifying the entities’ beneficial owners – the persons who ultimately own or control the company – and provide similar identifying information about the persons who formed the entity. What is Considered an Ownership Interest?

Business 52

Business Ownership Reporting Registration 52

IP and Legal Filings

JUNE 16, 2021

In case federal law permits the registration of trade secrets and confidential information, it must be registered as in the case of the United States. At places, the protection of this information is enforced through contractual obligations among the employers and employees.

IP 87

IP Ownership Registration Licensing 87

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal. Silvermark).

Ownership 98

Ownership Business Contracts Law 98

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 125

Contracts Publishing Licensing Editing 125

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 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

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. BrandTotal’s initial software proactively pinged Facebook and collected responsive information. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties. Furthermore, trademarks and domain names are registered on a first to file basis.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. Markers are visual cues triggering the display of the virtual information; they are real-world objects or part of them. The cloud hosts databases.

Copyright 102

Copyright Public Domain Art Moral Rights 102

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. ” Does this mean that courts will reject any claim, including a TTC claim, that could lead to “information monopolies”?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined. 7(1) and art.

Copyright 118

Copyright Art Licensing Contracts 118

LexBlog IP

FEBRUARY 2, 2023

Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule a major concern for all US businesses. “Substantial owner” is defined as an owner, member, or partner holding at least a 25% ownership interest in a business entity.

Confidentiality 52

Confidentiality Business Contracts Ownership 52

Kashishipr

FEBRUARY 23, 2022

Other than product sales data, component prices, customer details & records, market statistics, or supply chain info, a company owns commercially sensitive and confidential electronic pieces of information such as CAD drawings. There is an increasing value in the massive volumes of data accumulated over time in a company or firm.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

LexBlog IP

OCTOBER 1, 2022

Each agreement required Mucho Pizza commit to not communicating, divulging, or otherwise using for another party’s benefit these trade secrets and confidential information. The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. 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 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. 439 people with timeshare contracts with Diamond hired one of the defendant companies. One defendant was a law firm. The mailer went to 315 of them, in 42 states.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

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. They develop, market and sell statistical process control (SPC) software and gauge management software. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 64

Copyright Infringement Copyright Confidentiality Copying 64

SpicyIP

MAY 18, 2022

Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. If not for these efforts, the virtual goods market has the potential to be very competitive.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

FEBRUARY 7, 2022

At some point, the Plaintiffs decided to expand their business into European markets. Holding the above facts to be true, The Court held that the Plaintiff’s first claim that the Defendant’s breached the contract was true. To this end, the Plaintiffs entered into the License Agreement with Defendants HIE, HT, and BR.

Trademark 54

Trademark Intellectual Property Licensing Copyright 54

IP and Legal Filings

NOVEMBER 30, 2022

Ownership of intellectual property (IP) used as collateral often belongs to the borrower. The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or. A lender may, however, impose restrictions on how the IP may be used in the future.

IP 52

IP Intellectual Property Business Government 52

Intepat

MAY 16, 2024

By leveraging blockchain, organizations can increase the accuracy, efficiency, verifiability, transparency, and public access to information related to IP assets. Moreover, blockchain facilitates more effective digital rights management (DRM) through the use of smart contracts.

IP 52

IP Intellectual Property Ownership Contracts 52