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 77

Contracts Artistic Work Copyright Copyright Law 77

IPilogue

JUNE 14, 2022

Swift, in deciding to re-record her albums, ensured that her new (Taylor’s) versions gave her all three types of intellectual property right over her catalogue, guaranteeing full ownership. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 119

Music Contracts Licensing Ownership 119

43(B)log

AUGUST 11, 2022

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. In most cases, the spouse doesn’t contribute copyrightable creativity. But the US has not.

Ownership 80

Ownership Moral Rights Copyright Brands 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

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 105

Social Media Ownership Design Designs 105

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

Patently-O

AUGUST 2, 2021

UM did not file any paperwork with the PTO attempting to claim ownership and UM is not a party to the present litigation. Lets look at the contract. This argument between Islam and UM was internal. Omni later sued Apple for infringement, but the iPhone giant argued that Omni lacked standing since UM was the real patent owner.

Patent 100

Patent Contracts Inventor Ownership 100

The IPKat

OCTOBER 25, 2023

The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself. The Royal Decree acts as such a statute for the purposes of regulating the ownership and remuneration due for related rights. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

JIPEL Copyright Blog

APRIL 15, 2022

However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. At a gut level, it makes sense that litigation will increase. Consider the case of Stevie Nicks.

Music 52

Music Litigation Copyright Ownership 52

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 111

Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 98

Copying Ownership Derivative Work Contracts 98

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. For example, the rise of patent trolls, who litigate cheaply-bought patents, use the IP system as a legal weapon. Moreover, damage demands in litigation cases involving IP are rising.

Intellectual Property 111

Intellectual Property IP Patent Troll Technology 111

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. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

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. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &

Social Media 98

Social Media Contracts Ownership Business 98

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts 96

Contracts Law Artwork Copyright 96

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

Settlement 119

Settlement Reporting Intellectual Property Contracts 119

IIPRD

NOVEMBER 7, 2024

In today’s world, there has been considerable growth in remote jobs, gig-economy work and artificial intelligence tools which introduce new complexities with the ownership of worker creations. With the increasing prevalence of AI tools and hybrid work models, the traditional understanding of ownership and IP becomes obscure. [2]

Intellectual Property 52

Intellectual Property Ownership Journalism Contracts 52

Technology & Marketing Law Blog

OCTOBER 6, 2021

Part of any assessment of the suitability of a datacenter location should be the legal implications that may arise from locating servers in a particular jurisdiction, including the possibility that local courts could extend their jurisdiction over the datacenter’s customers and become a venue for litigation against the customers.

Blogging 124

Blogging Business Litigation Ownership 124

Kluwer Copyright Blog

MARCH 4, 2024

The first litigations regarding data scraping for training of generative AI systems are starting now. The idea that there is no ownership to unprotected, non-personal, publicly available data coincides with some recent EU Member States rulings. LinkedIn Corp.

Privacy 56

Privacy Law Journalism Intellectual Property 56

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

Nelligan Law

MARCH 6, 2023

Reading Time: 2 minutes Introduction One of the joys of home ownership is being able to modify and alter the structure, layout, and furnishings within your home. The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. What are damages?

Law 52

Law Contracts Litigation Ownership 52

The IPKat

FEBRUARY 29, 2024

They are seeking to establish that they have an ownership stake in both the copyrights and performers’ property rights in the tracks which the band recorded between 1966 and 1970, and that they are owed unpaid royalties from Sony as a result. This New York action has been stayed pending resolution of the English litigation.

Copyright 110

Copyright Reporting Contracts Settlement 110

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that trademarks was a dead-end. physical property), not intangibles.

Licensing 105

Licensing Copyright Contracts Advertising 105

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 63

Ownership Television Copyright Copyright Notice 63

Trading Secrets

JANUARY 19, 2023

The rule would require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect. Litigation to enjoin the rule could be filed after the final version of the rule is issued, but before it takes effect, during the 180-day notice period.

Ownership 59

Ownership Contracts Business Litigation 59

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Design Designs 76

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” 19, 2022) Judge Cannon has done some other stuff, too. Plaintiffs raise allegedly awesome polo ponies.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

LexBlog IP

JANUARY 19, 2023

The rule would require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect. Litigation to enjoin the rule could be filed after the final version of the rule is issued, but before it takes effect, during the 180-day notice period.

Ownership 52

Ownership Contracts Business Litigation 52

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. That’s important, because in order to be valid, a “transfer of copyright ownership” must be made in a signed writing. 17 U.S.C. § 201(d)(2). 204(a) ). (A

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

IP and Legal Filings

JUNE 12, 2024

Comparing a partnership firm to a corporate entity or an ownership firm reveals a number of benefits. Its result is that a partner will not be able to sustain a lawsuit about a right that was granted to him or obtained below a contract whenever he joined as a partner. Most of the time, a partnership document would be sufficient.

Registration 102

Registration Business Contracts Law 102

43(B)log

OCTOBER 26, 2021

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Wyndham claims that TET and Sussman falsely advertised and induced timeshare owners to breach their contracts with Wyndham by ceasing payments. Wyndham Vacation Ownership, Inc.

False Advertising 59

False Advertising Advertising Advertising Contracts 59