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

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

IPilogue

JULY 15, 2021

The Costume Designers Guild (CDG) answered that question in June 2021 by calling out Disney’s “unfair” practice in reference to the Cruella -inspired licensing. Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them?

Licensing 105

Licensing Contracts Designs Design 105

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

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

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

Kluwer Copyright Blog

JUNE 16, 2021

Gutierrez held that Arty had contractually given up ownership of the rights over remix composition, and therefore had no grounds to sue. Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. Background and decision. From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

Intepat

MARCH 13, 2025

INTRODUCTION Outer space or space refers to the areas beyond our planets atmosphere. However, if the ownership of the space object is not easily determinable, it would fall to the parties to the dispute to agree on the jurisdiction they shall be subject to.

Intellectual Property 52

Intellectual Property Government IP Contracts 52

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. Copyright © vs. Trademark ®. Copyright ©. Trademark ®.

Trademark 98

Trademark Copyright Ownership Intellectual Property 98

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Is the national anthem in the public domain?

Copyright 121

Copyright Public Domain Government Ownership 121

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

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

NOVEMBER 5, 2024

Using WIPO’s words : “ AI-generated” and “generated autonomously by AI” are terms that are used interchangeably and refer to the generation of an output by AI without human intervention. The applicable rules, namely in terms of ownership, contracts, exceptions and limitations, are not the same.

Copyright 72

Copyright Designs Design Copyright Law 72

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

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.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

Patently-O

MAY 22, 2024

The majority opinion written by Judge Taranto and joined by Judge Dyk held the contract language was ambiguous on this point and remanded for further factual development to determine the parties’ intent. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Judge Mayer dissented.

Ownership 40

Ownership Patent Invention Contracts 40

The IPKat

FEBRUARY 17, 2022

As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human. First, held the Board, a machine cannot enter into any binding legal contract. Secondly, the doctrine is about ownership, not existence of a valid copyright.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

LexBlog IP

NOVEMBER 23, 2022

The process of mapping values (including real-world assets) to a token is commonly referred to as tokenization. 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.

Intellectual Property 40

Intellectual Property Ownership Non-Fungible Tokens Art 40

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks. The Rose Bowl game wasn’t readily identifiable without “Rose Bowl.”

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

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.)

Contracts 52

Contracts Intellectual Property Art Government 52

Nelligan Law

AUGUST 8, 2022

For example, a copyright will help keep your ownership over artistic creations (like songs or videos). Your employer could attempt to gain the intellectual property rights for your creation, drastically shifting ownership (and revenue) of your work. Why is IP important? So, why does any of this matter? Non-compete.

Intellectual Property 104

Intellectual Property Invention Ownership Contracts 104

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 139

Music Contracts Reporting Government 139

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).

Fair Use 52

Fair Use Ownership Licensing Copyright 52

IP and Legal Filings

JUNE 16, 2021

It is important to understand the ownership or possession of IP in case of any such contract with a third party. If there is any contract with the third party for the development of any IP, the parties must be clear with the terms. Owing of intellectual property is not automatic until and unless any agreement specifies so.

IP 98

IP Ownership Registration Licensing 98

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., a jpeg) stored on the cloud. the jpeg) to which it is attached?

Non-Fungible Tokens 121

Non-Fungible Tokens Artwork Contracts Art 121

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. The sale of an NFT also includes a smart contract. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Technology & Marketing Law Blog

JANUARY 24, 2024

Over time, “Promotional posts were interspersed with more personal content, in a strategy that JLM referred to as the ‘personal glimpse,'” and other JLM employees helped manage the accounts. The next step is to determine whether ownership ever transferred to another party. Not a word on this from the appellate court.

Social Media 105

Social Media Ownership Designs Design 105

TorrentFreak

JANUARY 31, 2023

. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent. The latter sentence may refer to the fact that MindGeek is not the same company as MG Premium.

Copyright Infringement 114

Copyright Infringement Contracts Ownership Copyright 114

The IPKat

JANUARY 13, 2022

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". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

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

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 120

Settlement Reporting Intellectual Property Contracts 120

TorrentFreak

JANUARY 31, 2023

. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent. The latter sentence may refer to the fact that MindGeek is not the same company as MG Premium.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use.

Licensing 98

Licensing Business IP Ownership 98

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kluwer Copyright Blog

SEPTEMBER 28, 2022

In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Portability as a Consumer Contract Remedy.

IP 94

IP Contracts Social Media Copying 94

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” Inscription: “to Aunty Cord with his kindest regards,” says it’s a “libelous portrait” but well meant; perhaps referring to stereotypical illustration that accompanied publication. Searching for any surviving descendants. Random House (NY Ct App 1968).

Ownership 45

Ownership Moral Rights Copyright Publishing 45