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.”. . The Rift Over Web3. I can’t find it.”.

Ownership 114

Ownership IP Non-Fungible Tokens Technology 114

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. In most cases, this can be broken down between two central areas – technology and branding.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

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. It just requires a complete rethinking of the technology and its application. That said, blockchain technology has already been created and may address some of these cases.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Traverse Legal Blog

APRIL 17, 2021

My name is Enrico Schaefer, I am a technology attorney with traverse legal PLC, and today I want to talk about nonfungible tokens or NFTs. Blockchain and blockchain technology is in the spotlight right now. Be an NFT expert if you want to take advantage of this emerging market. Was that ownership transferred, and if so, to whom?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

The IPKat

JANUARY 13, 2022

Interest in blockchain technology, tokens, and IP, continues apace. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". Additional license conditions can be already included in the smart contract (e.g.,

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Technology & Marketing Law Blog

AUGUST 5, 2022

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.

Social Media 100

Social Media Ownership Branding Brands 100

LexBlog IP

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

43(B)log

OCTOBER 10, 2023

16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. Issuance is a competitor: a financial technology company with a retail capital raising and investment processing platform. Issuance Inc., 2023 WL 6373871, No.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

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

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 66

Ownership Licensing Copyright Fair Use 66

Kashishipr

FEBRUARY 23, 2022

The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated. Instead, it is they may not own the exclusive rights to the Intellectual Property (IP) assets that such technologies are built upon usually. Having Proper IP Portfolios In Place.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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.

Ownership 98

Ownership Business Contracts Law 98

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

SpicyIP

MARCH 28, 2022

She works in a law firm that advises technology companies. News and Views: Copyright Hues and Authors’ Dues. As seen in the music industry in the past , when new technologies such as ringtones emerged, music publishers made a fortune from ringtone royalties. Aparajita is a lawyer based in Bangalore.

Copyright 105

Copyright Publishing Music Contracts 105

Kluwer Copyright Blog

JULY 5, 2022

The current market figures do not support the thesis that metaverse is virtual reality (VR) per se. People are just not using the technology as yet. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them. VR is currently still more of a niche.

Ownership 55

Ownership IP Non-Fungible Tokens Intellectual Property 55

The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 81

Social Media Contracts Ownership Business 81

IPilogue

OCTOBER 7, 2022

The rise of NFTs and blockchain technology – despite providing an NFT “loophole” – has also provided opportunities for artists to be compensated for the appreciation of their works. The study also found that the market continued to grow after the implementation of the resale right in 2006. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

LexBlog IP

FEBRUARY 21, 2022

To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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. At the same time, rightholders have tools and can develop strategies to tailor ‘spheres of access’.

Copyright 118

Copyright Art Licensing Contracts 118

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

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

Kluwer Copyright Blog

DECEMBER 5, 2022

Augmented Reality (AR) is a fast-evolving technology enabling the overlap of digital images with those from the real world. It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places.

Copyright 102

Copyright Public Domain Art Moral Rights 102

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Technology really has the potential to make things needlessly complicated. 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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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

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. the plaintiff) filed a lawsuit against Hangzhou Yuanyuzhou Technology Co.,

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. the plaintiff) filed a lawsuit against Hangzhou Yuanyuzhou Technology Co.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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. The ownership is not transferred.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

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. ” What user interactions or technological restrictions are sufficient to create a “permission requirement”?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111