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.

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Ownership Invention Law Contracts 67

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.

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IP and Legal Filings

NOVEMBER 6, 2022

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. Role of Contracts.

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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.

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LexBlog IP

NOVEMBER 23, 2022

Blockchain-based transfers also make it easier to track ownership and automate the transfer of assets, leading to more liquidity, transparency, and accessibility. Transfer of Ownership Rights in the Underlying Asset. For example, physical objects are subject to ownership rights. fiat or crypto currencies). digital art).

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JD Supra Law

MAY 8, 2024

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. By: Venable LLP

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Social Media Intellectual Property Contracts Ownership 74

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.

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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.

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IP Law 360

AUGUST 5, 2022

A designer who sued Pure Spectrum CBD for copyright infringement and breach of contract has agreed to settle her lawsuit for a nearly 3% ownership of the company, according to a notice filed in Colorado federal court.

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LexBlog IP

JANUARY 23, 2024

This post focuses on the second requirement: “any individual who, directly or indirectly, owns or controls at least 25% of the ownership interests in the company.” Just look at the company’s shares/ownership units. Look at who owns the company, and how much of an ownership interest each owner has. Dig Deeper.

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LexBlog IP

MARCH 28, 2022

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. At this point, it may be too late! Let’s start with the legislation – a very good place to start.

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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

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IAM Magazine

FEBRUARY 9, 2022

Such ambiguity means that contracts between parties are crucial to regulating patent ownership. Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent.

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Ownership Inventor Contracts Patent 40

IAM Magazine

FEBRUARY 9, 2022

Such ambiguity means that contracts between parties are crucial to regulating patent ownership. Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent.

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Ownership Inventor Contracts Patent 40

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. A work-made-for-hire agreement is used so that the hiring party acquires ownership of the work. You can find an explanation for the provisions at the site as well.)

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Contracts Intellectual Property Art Government 52

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).

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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.

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Non-Fungible Tokens IP Ownership Contracts 98

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.

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JD Supra Law

APRIL 30, 2024

Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law that governs ownership and use of architectural works—principally, copyright law—often is not well known even among seasoned veterans of development and construction.

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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. The Office has answered that question with a resounding “maybe.”

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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.

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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.

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Ownership Artistic Work Contracts Copyright 90

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.

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IP Law 360

FEBRUARY 29, 2024

s contract suit against a nonprofit claiming hate speech has surged on the former Twitter platform with Elon Musk's ownership, saying X's argument on damages "reduces foreseeability to one of the most vapid extensions of law." A California federal judge on Thursday appeared inclined to toss X Corp.'s

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Ownership Contracts Law 52

Biswajit Sarkar Copyright Blog

AUGUST 5, 2022

Thus, it can be concluded that authors of the original musical work, i.e. the composer, are the first owner of the copyright that is incorporated in a cinematographic film.

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Music Ownership Copyright Artistic Work 52

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking. Prototypical 19 th case: Publishing agreement is silent on ownership; publisher complies w/formalities and author doesn’t.

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The TTABlog

AUGUST 18, 2022

TMRR conceived of a mortgage financing program that would be run by a Native American Tribe, and it contracted with the Paiute Indian Tribe of Utah (CBC) to implement and operate the program. Under the MSA, TMRR is deemed CBC's "agent" and "contracted day-to-day operator." TMRR, LLC , Cancellation No. of Veterinary Sports Med.

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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]

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Non-Fungible Tokens Government Law Ownership 82

43(B)log

MARCH 21, 2024

Amazon argued that “buy” didn’t mean perpetual ownership, and that it sufficiently disclosed the risk of losing access. Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” Buy” was also plausibly deceptive.

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Licensing Contracts Ownership Litigation 114

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.

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Business Contracts Branding Brands 131

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.

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Non-Fungible Tokens Ownership Contracts IP 126

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.

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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.

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JD Supra Law

NOVEMBER 7, 2022

Outbound IP - We often see early-stage companies entering into contracts that contain ambiguous or vague intellectual property (“IP”) licensing or ownership language.

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The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.

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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.

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Contracts Ownership Copyright Law 98

Intellectual Property Law Blog

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. Wading into contract law, the policy underlying the Bayh-Dole act, and the practical realities of Government-funded research, the Federal Circuit rejected USF’s argument.

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