This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors navigating federal procurement must understand how IP is created, owned, and licensed under government agreements.
Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.
This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.
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
Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,
Other developments Entry into force of the 2025 version of the twelfth edition of the Nice Classification. A notice on the practice followed by the International Bureau of WIPO for the examination of applications for international registration during the transition period to the new edition was also released. More information here.
The advent of GenAI has revolutionized various industries, including, as discussed in the last edition of this series, software development. Rapid advancements in AI have made it possible for algorithms to create code pseudo-autonomously. By: Bradley Arant Boult Cummings LLP
These products are named “Limited Editions”. It is because of these factors that everyone loves to collect these limited editions products. Every industry from clothing to cosmetics to automobile, launches these editions to increase their market standing. But how can these Limited-Edition Products be protected?
The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. The same is true for creating NFTs of individual pages and even burning it may be problematic. In other nations, moral rights may prohibit that. The approach they take to NFTs is fairly simple.
The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information?
Is it a proper copyright ownership or an assigned license? There was almost no reference to ownership of training data that had come from parties other than the contractual partners. There was almost no reference to ownership of training data that had come from parties other than the contractual partners. user, service)?
“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)?
The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. Maybe you remember these from elementary school—I know I do. I want to apply that to copyright registration Who can register a copyright?
This is an edited transcript of the video posted below. Another important aspect of the trademark application is asserting the proper ownership of the application. But an application with incorrect ownership could be null and void or worthless, so it is important to get the ownership correct.
Based on the assertion that the assignment agreements relied upon by the publishers do not confer ownership of copyrights relating to the allegedly infringed works, Elbakyan declared them void. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.” After suspending Sci-Hub’s.SE
Stott began to "manage" the band SPLIT DECISION two years after it was formed, and claimed to be a "full, non-performing primary band member," but there was no agreement regarding ownership of the band's name. There, a singing group began performing for nominal amounts of money in the Boston area under the name New Edition. "An
While there was no dispute regarding the terms of copyright ownership, reproduction, and making available to the public, the German Supreme Court discussed the plaintiff’s implied consent. The newest edition of the book has 10 chapters with a procedural focus and the provisions of the relevant EU Regulations, including several cases.
The first edition was published in 1990 and it is now in its 6th edition, updated from its previous version which was published in 2015. Naturally, having followed closely the streaming inquiry , this Kat was keen to read chapter 3 on ownership, licensing, equitable remuneration and the copyright tribunal.
This is a book review of The Future of Intellectual Property , edited by Daniel J. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. Gervais , Milton R. And now she has our full attention.
Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,
Factual background The underlying claims relate to the ownership, exploitation and infringement of copyright and performers rights relating to the musical works and sound recordings of JHE. The Claimants claim ownership of Reddings and Mitchells shares of copyright in the Recordings and associated performers rights.
The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership. Have you seen The Eras Tour, live or on video?
Inari lawsuit, which accuses a plant trait developer of using a front company for commercial development, underscores the legal challenges in protecting and determining the ownership of new, genetically edited plant varieties, and emphasizes why joint development arrangements must be carefully navigated, say Andrew Zappia and Tate Tischner at Troutman (..)
The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. Might they think you’re under new ownership once again? I recently spoke with a small business owner who bought a restaurant, rebranded it, opened it to the public, and received critical acclaim.
This was possible through the unique licensing arrangement of Kindle and would not be possible in the case of ownership. At any moment, an Indian Kindle users legally purchased book could be taken away, or replaced and edited in their Kindle library without their consent. This would be perfectly within Kindles rights.
As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival.
The Seventh Circuit Court of Appeals in Chicago has affirmed the dismissal of claims for copyright ownership brought by a trust asserting the rights of a son of the late evangelical pastor Dr. Lester Sumrall, finding those claims were barred by the Copyright Act’s three-year statute of limitations. LeSEA, Inc., 23-2833 (7th Cir.
In the 2021 edition of Global 50 , an annual ranking of publishing’s leading firms, industry analyst Rüdiger Wischenbart reports that the combined revenue of the top 10 companies tops that of the following 40. You have the same degree of consolidation in Germany, and surprisingly, not among the publishers, but in retail.
Get proof of ownership by registering your copyright. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. This is a very good example of how a copyright notice can help as evidence of ownership in case of legal dispute.
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.
The new guidelines cover topics such as formality examination and procedures for trade mark applications, oppositions, declarations of invalidity, cancellations, classification of goods and services, examination of applications for change of trade mark ownership, trade mark renewal and other procedural issues.
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.
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.
NFTs in turn played a key role in digital fashion, making it possible to certify the authenticity and ownership of virtual apparel. Fashion firms found that the metaverse enabled them to improve their positioning and offer innovative experiences.
The following is an edited transcript of my video What Information Becomes Public in a Trademark Application? Some of the specifics that are always going to be in the public record are the ownership of a trademark application, whether it’s a person, corporation, entity, or LLC that will be in the record.
Typically, electronic dance music is produced and edited by artists using their own equipment, and at their own initiative. Intellectual Property Law in China, 2nd edition. Merely bearing the financial risks of record production, marketing and distribution is not enough. More from our authors: Law of Raw Data. by Christopher Heath. €
This is a review of Research Handbook on Intellectual Property and Cultural Heritage , edited by Irini Stamatoudi , Professor of Intellectual Property Law and Cultural Heritage Law at the University of Nicosia. The edited collection does this through 29 chapters from an impressive list of contributors: Leila A.
In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity.
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?
More from our authors: International Handbook of Blockchain Law: A Guide to Navigating Legal and Regulatory Challenges of Blockchain Technology and Crypto Assets, Second Edition by Matthias Artzt & Thomas Richter € 190 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93
The applicable rules, namely in terms of ownership, contracts, exceptions and limitations, are not the same. If there is a further programming phase requiring creative choices there isn’t yet preparatory design work. One could choose to look at prompts as normal literary works rather than software. However, the difference is relevant.
The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Well, under copyright law, it’s a work for hire, and you need a specific contract with specific clauses about the ownership of the copyright in these types of materials. Lots of us use others to help create content online.
Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying. There will be serious consequences for assigning other than human ownership to AI-generated creations.
This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content