Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 59

Privacy Law Journalism Intellectual Property 59

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 119

Social Media Ownership Business Branding 119

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 78

Contracts Artistic Work Copyright Copyright Law 78

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. But not so, says the court.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. University IP policies vary, but they all grapple with similar legal issues such as disclosure, use, ownership, commercialization, and revenue sharing.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

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

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 133

Contracts Publishing Licensing Editing 133

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 111

Contracts Privacy Social Media Advertising 111

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. Ownership of copyright in the lectures presented by the speakers. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog.

Fair Use 52

Fair Use Ownership Licensing Copyright 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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues. Eric’s Comments.

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. Maryland enacted a social media privacy law in 2021.

Social Media 98

Social Media Contracts Ownership Business 98

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 122

Copyright IP Music Ownership 122

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Mandatory Review. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Kluwer Copyright Blog

AUGUST 18, 2024

In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works. The old argument of copyright ownership in academia According to the UK’s Copyright, Designs and Patents Act 1988, the author of a work is the owner of any copyright in it.

Journalism 69

Journalism Publishing Contracts Ownership 69

LexBlog IP

NOVEMBER 22, 2021

” However, the better answer is it depends on some consideration about ownership and cost. The two benefits of LLC ownership are: (1) “domicile” privacy; and (2) no need to reassign the trademark recordation. However, if you sign a trademark application by yourself, then that privacy is lost. Conclusion.

Trademark 52

Trademark Privacy Ownership Business 52

Kluwer Copyright Blog

AUGUST 19, 2024

Winning a research grant creates obligations for both parties but considering the old issue of copyright ownership in academia, it would be better if a convenient solution could be found. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Licensing 69

Licensing Publishing Journalism Ownership 69

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. 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

LexBlog IP

MARCH 15, 2022

” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract. Mucho Pizza affiliates – Sun Holdings Inc.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

43(B)log

FEBRUARY 4, 2023

Compare to foreign defamation and privacy judgments. Silbey: surface the debate over what © is for: that privacy and defamation got excluded while IP was still being debated suggests a lack of consensus about what IP is for. Motivation for © owners to change how they view ownership? Contract instead of ©?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

JIPEL Copyright Blog

DECEMBER 1, 2021

Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies. Van Buren , at 1655.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

MARCH 27, 2023

” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. Instead, OpenAI treats the matter as one of ownership via contract law. Smart Contracts: Smart contracts are self-executing contracts that are coded on the blockchain.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Permits member states to require re-investment of streaming revenue locally.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

AUGUST 9, 2024

Don’t understand contracting, mediation, adjudication as ways to maximize other variables solely. People desire that contract be in some part about human relations. Possible solutions: reinforced privacy protection, anti data scraping laws, temporal limits on behavioral data use, etc. Eunomics is that project. Too much control.

Contracts 59

Contracts IP Ownership Law 59

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. 4) detailed records of works used and their provenance.

Social Media 40

Social Media Fair Use Advertising Advertising 40

Kluwer Copyright Blog

JUNE 26, 2024

To avoid this kind of deadlock, a new technological infrastructure and a new social contract with technology become necessary. In this new architecture, each content creator can “reveal” their content through their digital agents while maintaining ownership and control over how this content is accessed and used.

Copyright 105

Copyright Content Creation Fair Use Technology 105

SpicyIP

JUNE 13, 2022

Change in titles su ggests a shift in focus – from protection of privacy to regulation of data as an asset. Given that the underlying algorithms may have multiple uses, the company that owns the algorithms may not want to give up ownership.

Confidentiality 129

Confidentiality Technology Government Ownership 129

Intepat

JUNE 6, 2024

This technique raises serious privacy and intellectual property (IP) problems since it uses artificial intelligence (AI) to analyze biometric data. The ongoing debate about inventorship and ownership is significant, as AI may follow the trend of computer-implemented inventions where the inventor is still human.

IP 52

IP Intellectual Property Privacy Inventor 52

LexBlog IP

JANUARY 6, 2023

The only exception to the ban permits noncompete clauses entered into by a person who is selling a business or disposing of ownership interest in an business entity in which the individual holds at least a 25% interest. .” The rule would supersede any state statute, regulation, or order that is inconsistent with the rule.

Contracts 52

Contracts Business Publishing Ownership 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 118

Social Media Ownership Contracts Privacy 118