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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors navigating federal procurement must understand how IP is created, owned, and licensed under government agreements.
A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex) filed a breach of contract action against Bexson Biomedical, Inc. CyDex Pharmaceuticals, Inc. By: DLA Piper
Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as the physical object incorporating the work exists. However, the shift from a market of goods to a market of services has changed this paradigm.
Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh? by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The use of blockchain and smart contracts in the creation of DAOs has its pros and cons.
Understand the legal implications of ownership and how they can be changed with contracts. The post Copyright and Tattoo Art appeared first on Creative Law Center. Copyright and tattoo. Plus a look at the historical roots of tattoo art.
Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.
This is quite the picture of how the Indian copyright laws are treating the employees who try to become such exceptional creators. the ownership disputes in India and the U.K. Here comes, the concepts of “Contract of service” and “Contract for service” or the “Work for hire” doctrine. Unlike the U.S.A.,
Copyright: The copyright protection is given by Indian Law under The Copyright Act, 1957, supported through Copyright Rules, 2018. Law does not confer specific rights or even privileges to the registered work. This may be for a limited period and is only limited to publishing, rendering left of the ownership to the author.
New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three significant impacts.
For space, defense, and industrial technology companies, securing government contracts is often a major growth milestone. But without a clear IP strategy, working with agencies like NASA or the Department of Defense (DoD) can put a startups long-term technology ownership at risk. By: Fenwick & West LLP
The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. Which field of law will govern such digital assets and the NFT technology? The concepts of ownership and licensing are relevant in this context.
The defense concluded that the case was without merits, thus not violating copyright laws. ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. The dispute shares a similarity with Ilaiyaraaja’s copyright case. [1]
Suhani is a third year law student at NLSIU who loves to write on IP and tech issues.] Further, the MoU also underscores the requirement of separate contracts of music directors and lyricists with producers whereby both will have the right to negotiate independently. As explained by Prof.
Next up today, Christina Tabacco at Law Street Media reports that a half dozen movie studios have filed a lawsuit against the free streaming service Primewire alleging that the service is engaged in widespread piracy. Shopify has not responded to the lawsuit nor commented on the case.
Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. The short answer, as usual in law, is that it depends.
Issues of ownership, counterfeit goods, and infringements are rising concerns, threatening the sustainability of creativity in the metaverse. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.
The Eighth Circuit has backed a lower court's decision to toss a contract breach suit against medical device manufacturer LivaNova over the development of a heart valve therapy, arguing that the device maker was not obligated to keep the project going after LivaNova took ownership of the project in a 2017 acquisition.
In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and ADVA for infringement. By: Womble Bond Dickinson
The traditional pillars of contract negotiation – including confidentiality, data ownership, and indemnification and liability – take on new dimensions and complexities in the context of generative AI. By: BakerHostetler
Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. NFTs as a profit center makes it so that the motivation is to churn out and sell as many as you can, in many cases, the law be dammed. One potential use is Safe Creative’s.
The Copyright Office’s current position is a classic “hard cases make bad law” situation. 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 current broadcasting sector in India is regulated by a patchwork of laws and guidelines which the government is still seeking to modernize and consolidate apparent from the latest bills getting retracted to address all sorts of evolutions and improvements. What is a Broadcasting agreement?
The NFTs are being sold independent of Miramax, the producer and owner of the rights to the film, who says its ownership rights are being violated. District Court for the Central District of California last week, also accused Tarantino of breach of contract, trademark infringement and unfair competition, according to court documents.
“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)?
The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. Image of camera: Unsplash.
The ownership of data can be a murky question. What role might copyright, patent, trade secret, tort law, and contract play in data protection? What issues are important for in-house counsel to know of when entering contracts, creating policies, and advising their clients? Please see full article below for more.
One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. And that is a specific, important phrase in copyright law. Make sure you have proper contracts.
The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.
As outlined in the last edition of this series, this general rule typically applies to independent contractors so long as the term is included in a written contract. This edition. By: Bradley Arant Boult Cummings LLP
The Institute for Information Law (IViR) at the University of Amsterdam, in collaboration with Kluwer Law International , publisher of the Information Law Series , has launched an online archive of older book volumes published in the series. More volumes in the Series will be added to the online archive in due course.
CURRENT INTERNATIONAL FRAMEWORK GOVERNING OUTER SPACE The major legal framework governing space-related exploration and activities is contained in international law. However, if the ownership of the space object is not easily determinable, it would fall to the parties to the dispute to agree on the jurisdiction they shall be subject to.
For businesses in Ontario, these processes are governed by provincial and federal laws, which must be carefully navigated to ensure success. Employment contracts and liabilities. Share Purchase: The buyer acquires all or a majority of the shares of the company, assuming ownership of its operations and liabilities.
How do you know if what you’re doing is lawful? 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.
For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation. This raised concerns about whether AI tools like RAGHAV could be considered ‘authors’ under Indian copyright law, prompting a reevaluation of the legal framework surrounding AI-generated content in the country.
Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . . Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them? Conflict arises in contracts’ terms.
Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. This is a U.S A digital file (an artwork, a song, etc.),
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.
Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales.
Intellectual Property Ownership. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended? In instances where the idea is used after the contract with the agency has ended, the agency is often not compensated separately. Challenges.
What does this have to do with law? The other dating sites offered affordances; on the facts alleged in Roommates, the site required selection within regulated categories, thus forcing people to select descriptors the law didn’t allow them to select, which was attributable to the site because the site decided what was mandatory.
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.
Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. Creators relationship histories may become relevant to contractual negotiations.
It carries the following confession: I, Webster Batista Fernandez (BATISTA), Jose Teran (TERAN), and other co conspirators, worked together to monetize music on [YouTube] we had no lawful rights to monetize or otherwise control. I falsely claimed legal ownership over them and began receiving royalty payments. Batista Will Plead Guilty.
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?
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