IP and Legal Filings

MARCH 9, 2022

Ownership of Copyright & Work for Hire (Independent Contractors and Employees): The first owner of any creation is the author themselves but in certain conditions as laid down in Section 17 of the Copyright Act, other individuals can be regarded as the first owner of the copyrighted work in the reference.

Ownership 97

Ownership Copyright Trademark Contracts 97

CopyrightsWorld

AUGUST 31, 2021

Tokenization, along with other technologies like Blockchain, Smart contracts, NFTs and Crypto will transform creators to own nation states. Crypto, NFTs, Blockchain and Smart contracts will kill the middlemen forever, enabling creators talking, selling and providing to their fans directly. Their state, their rules.

Ownership 98

Ownership Contracts Business Technology 98

IP Law 360

JUNE 2, 2023

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.

Contracts 75

Contracts Ownership 75

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

JD Supra Law

MARCH 18, 2025

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

Contracts 62

Contracts Government IP Ownership 62

Plagiarism Today

DECEMBER 6, 2021

Finally today, Garth Corfield at The Register reports that a UK developer has lost his appeal to try and claim ownership of software he created while employed for the company MD5. In total, the lawsuit is seeking both injunctive relief and damages for alleged copyright infringement and contributory copyright infringement.

Copyright Infringement 246

Copyright Infringement Publishing Reporting Copyright 246

JD Supra Law

MAY 24, 2024

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

Contracts 64

Contracts Intellectual Property Ownership 64

IPilogue

JULY 29, 2022

This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.

Music 118

Music Marketing Marketing Ownership 118

JD Supra Law

JANUARY 17, 2024

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

Contracts 71

Contracts Confidentiality Ownership Business 71

Kluwer Copyright Blog

MARCH 11, 2025

The users access to the work is safeguarded as long as the service is offered, and the user often does not have a right to enjoy the work after the subscription contract is terminated. Indeed, intellectual access to works in the public domain, their enjoyment and their use presuppose prior material access to these works.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

SpicyIP

MARCH 8, 2025

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. practice where one would see singers and actors names being featured prominently and not the composers or the lyricists. As explained by Prof.

Moral Rights 91

Moral Rights Music Contracts Copyright 91

IP Intelligence

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. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

Ownership 98

Ownership Copyright Registration Public Domain 98

BYU Copyright Blog

NOVEMBER 18, 2024

Boghraty's claims focused on copyright infringement and breach of contract. Boston University has denied these allegations in its response and claims that the course materials qualify as a "work for hire," granting the University ownership rights under the Copyright Act.

Copyright 52

Copyright Settlement Fair Use Ownership 52

IP Watchdog

NOVEMBER 18, 2021

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.

Non-Fungible Tokens 126

Non-Fungible Tokens Ownership Contracts IP 126

Intepat

DECEMBER 5, 2024

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.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

The IPKat

SEPTEMBER 24, 2021

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.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

JD Supra Law

DECEMBER 14, 2023

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. First, the law narrows what is permissible in agreements and contracts between employers and employees (e.g.

Ownership 64

Ownership Invention Law Contracts 64

JD Supra Law

NOVEMBER 29, 2023

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

Editing 121

Editing Ownership Contracts 121

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business 131

Business Contracts Brands Branding 131

Patently-O

MAY 30, 2024

United States does focus on counterfeiting coins as well as implied contracts with the Federal Government. The Portland Mint then sued the government in the Court of Federal Claims, arguing it was entitled to payment for the genuine portion of the coins under the terms of the regulation and an implied contract. United States , 153 F.

Contracts 59

Contracts Government Ownership Designs 59

Traverse Legal Blog

APRIL 17, 2021

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. Was that ownership transferred, and if so, to whom?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Intepat

MAY 17, 2024

Contracts should clearly state who owns the rights to the prompts. This includes specifying whether the creator of the prompts, i.e. the prompt engineers, retains ownership or if the rights are transferred to another party, such as the employer or clients, as the case may be. exclusive vs. non-exclusive rights).

Ownership 52

Ownership Contracts Confidentiality Copyright 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 122

Ownership IP Non-Fungible Tokens Technology 122

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.

Business 122

Business Music Contracts Non-Fungible Tokens 122

Plagiarism Today

AUGUST 2, 2022

The idea fairly simple, since an NFT is basically a contract signed in the blockchain, combine that with Safe Creative’s own database of works to enable the NFTs to convey copyright information including ownership and licensing. It’s a simple idea, but one that hasn’t taken off yet. One potential use is Safe Creative’s.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

IPilogue

JULY 15, 2021

Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them? Many costume designers’ contracts with big production companies currently do not address involvement in merchandising. Conflict arises in contracts’ terms.

Licensing 105

Licensing Contracts Design Designs 105

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

IP and Legal Filings

DECEMBER 25, 2022

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. The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1]

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Intellectual Property 98

JD Supra Law

AUGUST 25, 2021

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.

Contracts 98

Contracts Ownership Copyright Law 98

SpicyIP

JANUARY 7, 2025

The terms of use clarify the ownership of the output generated and how such output can (and cannot) be used. Interestingly, the authors highlight that most GenAI companies, in their terms of use, assign the right of ownership of the output to the user. However, the terms of use for Generative AI companies make for an interesting read.

Fair Use 59

Fair Use Copyright Ownership Contracts 59

Erik K Pelton

JULY 14, 2022

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. Make sure you have proper contracts. I want to talk about two types of issues to think about.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

IPilogue

JUNE 23, 2022

This interesting case will likely become a battle over the terms of the contract with strong arguments on both sides. This term mirrors the contracts of most universities (like University of Toronto’s patent policy ) where professors are not the exclusive IP owners for independent work completed during employment.

Contracts 119

Contracts Designs Design IP 119

CopyrightsWorld

MARCH 1, 2021

Note thought, that if you are creating it on contract for hired work, the copyright belongs to the person who hired you to create it. As a business owner, make sure you obtain copyright ownership over the logo of your business using a contract for hired work with them. Trademark ®. One of the main reasons is the cost.

Trademark 98

Trademark Copyright Ownership Intellectual Property 98

TorrentFreak

DECEMBER 10, 2021

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.

Non-Fungible Tokens 138

Non-Fungible Tokens Cinema Contracts Fair Use 138

TorrentFreak

APRIL 22, 2022

I falsely claimed legal ownership over them and began receiving royalty payments. Using MediaMuv, we entered a contract with Y.T. We also entered contract with a third-party company, A.R., Sometime in 2016, I discovered there were recorded songs of musicians and bands on the internet that were not being monetized.

Music 145

Music Ownership Contracts Reporting 145

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129