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This is a book review of Teaching IntellectualPropertyLaw: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and IntellectualPropertyLaw, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.
Oriakhogba’s work is a timely reflection on approaches to navigate the complex terrain of using copyrightlaws to address issues of ownership, control and management inherent in or arising from repatriated (and/or "should-be-repatriated") cultural heritage materials. See South Africa's IntellectualPropertyLaws Amendment Act.
The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectualpropertylaws apply to NFTs and assets associated with NFTs; iii) intellectualproperty-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectualproperty rights.
This book review of IntellectualPropertyLaw in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.
In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Firstly, the work shall be given credit for being produced by a human.
An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Copyrighting vs Trademarking NFTs.
The growth of artificial intelligence (“AI”) and generative AI is moving copyrightlaw into unprecedented territory. While US copyrightlaw continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. If so, what factors are relevant to that determination?
During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. Copyright Office while register the software aspect of the designs (e.g., source code) under copyrightlaw. Inspection of a Registered Mask Work.
This is a review of Research Handbook on IntellectualProperty and Cultural Heritage , edited by Irini Stamatoudi , Professor of IntellectualPropertyLaw and Cultural Heritage Law at the University of Nicosia.
Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyrightlaw and not labor law. A full summary of this case has been published on Kluwer IP Law. More from our authors: Law of Raw Data. Case number: No.
Jane Wessel's book , Owning Performance | Performing Ownership: Literary Property and the Eighteenth-Century British Stage , is a distinguished contribution to this scholarly pantheon. If the latter, publication, whatever protection that the copyrightlaw offered, might be unwise commercially. Read, learn, and enjoy.
Let us briefly examine how these systems work and then consider how intellectualpropertylaw relates to them. How it's made Knowing how something works is necessary when discussing law and technology. Unfair competition and trade secrets protection were never designed to address ownership issues.
Introduction The Intellectualpropertylaws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.
But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.
His chapter probes the future of copyrightlaw, attempting to turn the focus of copyright to collaborative authorship. If so, we might ask whether recognizing the copyright status of such contributions could address these workers’ invisibility.
Miller claims that the Defendant displayed this image on its website on January 30, 2023, without the proper permission or licensing, thereby violating copyrightlaw. Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. Continue reading
During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. Copyright Office while register the software aspect of the designs (e.g., source code) under copyrightlaw. The mask work deposits are in custody of the U.S.
NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Intellectualproperty rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectualpropertylaw will be applicable to NFTs.
The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectualpropertylaws apply to NFTs and assets associated with NFTs; iii) intellectualproperty-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectualproperty rights.
Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.
To protect the right of creators, Copyrightlaw was introduced, fostering creative innovation. CopyrightLaw and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. Indian Journal of IntellectualPropertyLaw, 11, 179-204. To Block or Not to Block?:
Intellectualpropertylaw includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectualpropertylaw needs.
It thus becomes crucial for them to safeguard their creations through effective intellectualpropertylaws. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? Who owns the copyright?
Copyright comes into the picture since the law safeguards the computer software and programs that are used to collect and analyze big data. Also, the European Union has a Database Directive in place as an initiative to harmonize Copyright Protection offered to databases in all Member States alike.
Since cryptocurrency is diverse and it is difficult to exercise control over it, no individual or entity can claim ownership or responsibility; hence, there appears to be a meager possibility to protect any IntellectualProperty Rights (IPRs) in community-based blockchains. A few Examples of Registered Cryptocurrency.
6) issue of the Trademark Reporter is devoted to artificial intelligence and its impact on trademark and related intellectualpropertylaw. Generating Rembrandt: Artificial Intelligence, Copyright, and Accountability in the 3A Erathe Human-Like Authors Are Already Herea New Model , by Shlomit Yanisky-Ravid. pdf here ].
In this sector, intellectualproperty (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book.
According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyrightlaw has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties.
Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. According to the policy of the e-commerce sites, the company may have created specific programs where IPR holders can register as a member to provide in advance IP ownership by filling in a standard form notice.
5 Proven Steps to Protect Your IntellectualProperty in 2025 In a world where ideas are currency, protecting intellectualproperty (IP) has ne ver been more critical. While intellectualpropertylaw can be complex, following a structured approach can help secure your ideas and prevent misuse.
Retroactive and Prospective Assignment Agreement A prospective transfer of intellectualproperty rights (IPRs) is dependent on the occurrence of future events and is most commonly used in copyrightlaw. Similarly, for Copyrightlaw, the assignment agreement should be in writing and duly executed.
Goldsmith et al sheds light on different perspectives of copyrightlaw in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.
Copyright protection in the music industry gives the producers exclusive legal ownership of creative musical works and recordings. It also includes the exclusive right to distribute, reproduce, and license the copyrighted work to obtain royalties.
Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. Images of genuine goods (for trademarks and designs). Images of infringing goods (if applicable/available).
What are IntellectualProperty Rights (IPRs)? IntellectualProperty Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Firstly, intellectualproperty rights grant startups exclusive ownership over their innovative ideas and inventions.
Cases of copyright infringement are not uncommon in Federal Courts, and can involve various types of copyrighted material, including photographs, music, and literary works. The case was assigned to Judge Damon R. Leichty and Magistrate Judge Michael G.
These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectualproperty and is protected under the IntellectualPropertylaws through copyright, trademark , design , etc.
1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyrightlaw principles. More from our authors: Law of Raw Data. IntellectualPropertyLaw in China, 2nd edition. However, to arrive at the conclusion that Sweden has not implemented Article 17 yet is not entirely correct.
Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10]
ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectualpropertylaw. Instead, OpenAI treats the matter as one of ownership via contract law.
Indeed, intellectual access to works in the public domain, their enjoyment and their use presuppose prior material access to these works. This change of paradigm endangers the implicit dogma that copyrightlaw shall ultimately serve access to culture in the long term. For an overview, see here and here ).
Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 IntellectualPropertyLaw & Technology Intensive Program. copyrightlaw, a particularly confusing subject for foreign works published before 1978. copyrightlaw. Copyright Act of 1909. law, the U.K.
The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention.
These events point to two prevalent issues within the current legal framework: First, that current intellectualpropertylaws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyrightlaws.
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