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

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

While the copyright conditions in the user agreements of the applications in question are always important, it will be assumed for the purposes of this post that the apps do not claim ownership through these user agreements. Ownership of copyright in the lectures presented by the speakers. written in advance).

Fair Use 52

Fair Use Ownership Copyright Licensing 52

Intellectual Property Law Blog

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. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

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. Forms and process documents (so long as they convey information). Technical drawings.

Ownership 64

Ownership Copyright Registration Public Domain 64

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. There’s very little information about these things. Was that ownership transferred, and if so, to whom? It is the wild west.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

The IPKat

MARCH 3, 2024

Events 5 March 2024: Workshop on Digital Assets, Ownership and Property Rights Queen Mary Intellectual Property Research Institute, in partnership with the Cloud Legal Project at CCLS, is organising a workshop exploring how the concepts of ownership and property rights relate and apply to digital assets. Book here.

Ownership 60

Ownership Intellectual Property Patent Prosecution IP 60

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 59

Journalism Publishing Contracts Copyright 59

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. Disclaimer This blog is provided for general information only. At least for a little while.

Licensing 59

Licensing Publishing Journalism Ownership 59

IP.com

AUGUST 19, 2024

Employment Agreements: Ensure that employment contracts include IP clauses that clarify the ownership of inventions created during employment. Key areas to focus on include: Supplier Agreements: Draft contracts with suppliers that include IP ownership and confidentiality clauses.

IP 52

IP Branding Brands Branding 52

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 111

Ownership IP Non-Fungible Tokens Technology 111

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

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

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

Kluwer Copyright Blog

MARCH 4, 2024

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Javier Torre de Silva y López de Letona, The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. LinkedIn Corp.

Privacy 54

Privacy Law Journalism Intellectual Property 54

TorrentFreak

FEBRUARY 17, 2023

Underpinned by the widespread belief that publishers exploit academic works, to sustain a monopoly that restricts access to information in favor of profit, all bets are suddenly off. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.” After suspending Sci-Hub’s.SE

Publishing 121

Publishing Ownership Copyright Copying 121

Kluwer Copyright Blog

DECEMBER 8, 2022

The study focused on two relevant E&Ls in the EU’s Information Society Directive (ISD) : the exception for the purpose of scientific research of Article 5(3)(a) ISD and the exception for the purpose of quotation, including criticism and review, of Article 5(3)(d) ISD. Recommendations.

Copyright 104

Copyright Ownership Journalism Publishing 104

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Branding Brands 57

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

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.

Contracts 52

Contracts Due Diligence Registration Ownership 52

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 59

False Advertising Ownership Advertising Advertising 59

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

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

Sander Law

OCTOBER 5, 2020

from a sole proprietor to a corporation) or changes its name , you should use an IP Assignment to formally transfer the ownership of the IP from the old company name to the new one. Employees & IP Ownership. Although many companies have employment contracts that. Although many companies have employment contracts that.

IP 59

IP Ownership Inventor Contracts 59

Nelligan Law

JULY 30, 2024

Conversion claims for intangible assets have primarily failed because they were brought regarding the use of information. Exit It Contract Consulting Inc. Justice Myers found that a conversion claim could not be advanced in an alleged conversion of confidential customer information. Ramirez’s property rights in bitcoins.

Ownership 59

Ownership Intellectual Property Confidentiality Law 59

IPilogue

JULY 7, 2021

The Patent Act contains no express provisions pertaining to the ownership of inventions produced by an employee during the course of their employment. The employee created or developed the invention with the employer’s confidential information. Private Sector Employees. Public Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. University IP policies vary, but they all grapple with similar legal issues such as disclosure, use, ownership, commercialization, and revenue sharing.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

IPilogue

JUNE 1, 2022

Nowadays, privacy concerns exceed personal information protection. . Enables platform workers to access relevant information about algorithmic decisions. explanation about how the personal information used was obtained. AI-based social scoring for general purposes by public authorities. Ensures human monitoring. .

Privacy 104

Privacy Social Media Ownership Business 104

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 106

Contracts Privacy Social Media Advertising 106

Plagiarism Today

AUGUST 2, 2022

Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 238

Copyright Non-Fungible Tokens Technology Plagiarism 238

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

TorrentFreak

JANUARY 31, 2023

“Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent.

Copyright Infringement 80

Copyright Infringement Contracts Ownership Copyright 80

Nelligan Law

AUGUST 8, 2022

For example, a copyright will help keep your ownership over artistic creations (like songs or videos). Your employer could attempt to gain the intellectual property rights for your creation, drastically shifting ownership (and revenue) of your work. Why is IP important? So, why does any of this matter? Key take-aways.

Intellectual Property 80

Intellectual Property Invention Ownership Contracts 80

Traverse Legal Blog

MARCH 8, 2022

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). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

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. Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

IPilogue

JANUARY 26, 2022

This involved updating Alectra’s record of registered trademarks using information from external legal counsel. My unique contributions to the audit included drafting memoranda for departments, requesting information that could be helpful to Alectra in trademark opposition and expungement proceedings.

Inventor 106

Inventor IP Contracts Business 106

LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52