43(B)log

AUGUST 11, 2022

So if you bring kids up speaking this language, you will definitely have lost control.] Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. A business code communicating within a community designed to be closed. Merger is off the table. [So

Ownership 80

Ownership Moral Rights Copyright Branding 80

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.” 2d 276 (S.D.N.Y.

Ownership 64

Ownership Copyright Registration Public Domain 64

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

TorrentFreak

MAY 18, 2023

” The precise terms of the AtomoHD shutdown are unknown but domain transfers are definitely involved. . “It is increasingly clear that major criminal operators like AtomoHD are not immune from ACE’s enforcement actions.”

Intellectual Property 144

Intellectual Property Ownership Reporting Government 144

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

SpicyIP

JANUARY 22, 2023

Typically, collaboration agreements contain key details about the invention, scientific and manufacturing processes, intellectual property right ownership, research pl ans, collaborator rights, resource allocation etc. And knowledge regarding ownership of intellectual property is the first step towards increasing its access.

Government 127

Government Intellectual Property Ownership Technology 127

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 IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. In 1982, California amended its copyright law to remove the distinction between pre- and post-publication but continued to use the term “exclusive ownership.”

Copyright Law 98

Copyright Law Copyright Law Ownership 98

The IPKat

JANUARY 24, 2023

Access, within the field of copyright law, is a question of ownership, authorisation or exception. Ownership is (mostly) straightforward as one may either author and own a work by law or acquire ownership through the operation of law or through payment or relevant contractual processes.

Government 135

Government Ownership Copyright Law Copyright 135

Patently-O

JANUARY 24, 2023

.” Specifically, this case arises from the Federal Circuit’s denial of a patent to an invention created by an artificial intelligence (AI) system, holding that an AI system is categorically unable to meet the definition of “inventor” under the Patent Act. PERLMUTTER et al, Docket No. 1:22-cv-01564, Paper No. 16 (D.D.C.

Invention 126

Invention Intellectual Property Registration Ownership 126

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 119

Copyright Public Domain Government Ownership 119

TorrentFreak

DECEMBER 10, 2021

“Now a shell of its former self and flailing under a new ownership consortium, Miramax has decided to bite the hand that fed it for so many years by bringing this offensively meritless lawsuit.” movie, of course, was Pulp Fiction,” they write. ” Addressing the Allegations.

Non-Fungible Tokens 138

Non-Fungible Tokens Cinema Contracts Fair Use 138

SpicyIP

AUGUST 23, 2024

It further observed that TK is not defined in the Act and proceeded to rely on the definitions provided by WIPO and UNESCO (Para 10). Because of such community ownership, the legislature denies exclusive monopoly rights to inventions incorporating traditional knowledge ” (Para 10). The Court observed that the object of S.3(p)

Patent 105

Patent Invention Patent Application Art 105

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

Inventor 122

Inventor Invention IP Ownership 122

SpicyIP

JUNE 14, 2023

Harper Collins ], the Delhi High Court dealt with the vexed issue of copyright ownership in a component of a cinematographic film, namely a screenplay. Holding of the Court A breakdown of the analysis in the judgment indicates that the Court proceeded in the following steps: First, the definition of a literary work [S.

Publishing 98

Publishing Ownership Licensing Contracts 98

TorrentFreak

APRIL 11, 2022

We can now confirm that the site’s official domains definitely won’t be making a comeback. On April 8, 2022, Afdah’s confirmed official domains – Afdah.com and Afdah.video – found themselves under new ownership. MPA/ACE Get Results After Years of Legal Action.

Cease and Desist 144

Cease and Desist Ownership Marketing Marketing 144

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. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IPilogue

NOVEMBER 8, 2021

Although Pearson does not provide these answers nor retain ownership of the solutions, Pearson alleges that Chegg provides its clients with “ textbook questions often copied nearly verbatim or with just slight changes.” This complaint will definitely be one to follow. Importance & Potential Implications . When the current U.S.

Copyright Infringement 105

Copyright Infringement Derivative Work Copyright Copying 105

Kluwer Copyright Blog

SEPTEMBER 18, 2024

A related question then arises as to who would be able to claim ownership of such a work: the person who provided the input prompt, or perhaps the AI tool itself? Another much-discussed issue is whether AI-generated works meet the threshold of originality to merit copyright protection.

Copyright 123

Copyright Higher Education Copyright Infringement Ownership 123

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? In the definitive judgement issued on 20 December 2023, the appeal lodged by Mr. Thaler was ultimately rejected.

Inventor 94

Inventor Patent Law Invention Law 94

IP Law 360

APRIL 18, 2024

Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury. (..)

Ownership 52

Ownership 52

TorrentFreak

JULY 22, 2024

The fact that the MPA visited Fmovies’ alleged home country, Vietnam, right when the trouble started, is definitely noteworthy. The MPA and ACE are unlikely to walk away since they’re all too familiar with sites ‘changing’ ownership. Last year, anime streaming portal Zoro.to

Ownership 124

Ownership Advertising Advertising Copyright 124

The TTABlog

FEBRUARY 13, 2023

The Examining Attorney relied on dictionary definitions and a Wikipedia entry for "soul food" and on several website excerpts that use the term SOUL FOOD to describe a category of food sold at grocery stores. The multiple dictionary definitions alone establish that SOUL FOOD is merely descriptive of traditional southern African American food.

Marketing 72

Marketing Marketing Ownership Registration 72

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. The Ninth Circuit takes this baffling approach in part due to the 20-year-old Sex.com case (Kremen v. ” That’s true.

Copying 98

Copying Ownership Derivative Work Contracts 98

IP and Legal Filings

FEBRUARY 6, 2023

In accordance with the above, the Bill amends the definition of ‘control’ under the Competition Act to include “the ability to exercise material influence, in any manner whatsoever, over the management or affairs or strategic commercial decisions” of another enterprise or group.

Settlement 97

Settlement Marketing Marketing Reporting 97

The IPKat

JUNE 27, 2022

Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. Secondly, and coherently with trade mark and unfair competition cause of actions, the entire complaint is built around the idea of Ripps misleading consumers, damaging BAYC value and profiting from BAYC’s goodwill.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. That May Be a Problem–La Baguette v.

Social Media 98

Social Media Ownership Marketing Marketing 98

43(B)log

MAY 19, 2023

And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership. And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. MGM Domestic Television Distribution, LLC , 39 F.4th at *13-*16.

Music 105

Music Blogging Copyright Ownership 105

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 65

Ownership Television Copyright Copyright Notice 65

43(B)log

DECEMBER 6, 2023

If the agreement was terminated before payment, the contract provided “all rights of ownership in the concept, design, and Work itself” to Williams, but didn’t reserve those rights if it was completed and paid for. This omission is telling.” Thus, VARA’s attribution right did not apply to the commercial.

Ownership 69

Ownership Contracts Copyright Registration 69

IPilogue

DECEMBER 16, 2021

Since the movie’s purpose is to detail Gucci’s ownership of the brand, there is little possibility that audiences would get confused as to who owns the ‘House of Gucci.’ Further, most brands reject use of their registered marks because they worry people will get confused as to who owns the mark. What Actions Could the Real Gucci Family Take?

Branding 110

Branding Brands Branding Trademark 110

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 62

Patent Application Inventor Patent Invention 62

IPilogue

AUGUST 16, 2022

Further, the Court stated that the statements regarding Pugliese’s citizenship and residence, in the certificate of registration, fell under the definition of hearsay (they were written by a person not involved with the case). Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104