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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.
The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectualpropertylaw and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.
Furthermore, Intellectualpropertyownership, content ownership, and distribution are critical issues that must be addressed to avoid disputes. The article’s second section explains how Web3 and Blockchain will revolutionise intellectualpropertylaws and the way forward.
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 copyright laws.
Oriakhogba’s work is a timely reflection on approaches to navigate the complex terrain of using copyright laws 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.
Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code to support software development. By: Benesch
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.
For example, the following is a text generated by ChatGPT (a public AI chat bot) when prompted to “write a 300-word paper on how ChatGPT will challenge intellectualpropertylaws in the United States.”. In recent years, Artificial Intelligence (AI) has taken a significant step forward. By: Levenfeld Pearlstein, LLC
This type of lawsuit was bound to happen, and the intellectualpropertylaw sector needs answers. Regarding StockX’s comment, I believe it is true that NFTs, a new concept that has taken society by storm in the last two years, continue to grow.
David Vaver is the Acting Director of IP Osgoode and a Professor of IntellectualPropertyLaw at Osgoode Hall Law School. The following is a preview of a paper to be published in the IntellectualProperty Journal. . Part I of the Act deals with the ownership of copyright in works. Section 34.1(1)
Currently, the only way legal enforcement can be done for broadcasting agreements is the common law including contract law, intellectualpropertylaw, arbitration, and competition law. 2023 SCC OnLine Del 3046. [7]
When lawyers talk about “intellectualpropertylaw” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents (inventions). Sometimes, cultural beliefs and notions of communal ownership can.
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.
Reversing what seemed like a victory for supporters of AI-owned intellectualproperty, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. This signals a shift in Canadian attitudes towards AI ownership of their work.
Indeed, intellectual access to works in the public domain, their enjoyment and their use presuppose prior material access to these works. The public domain is a necessary and organic component of intellectualpropertylaw: only certain intellectual assets may, because they are original or new, be appropriated.
When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets. Rajagopal v.
It will be co-organised by the Croatian and Hungarian national groups, and will be dedicated to the ownership and transfer of copyright and related rights. For further details and to register, click here (available soon).
“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)?
Legal Background and Relevant Laws The legal framework surrounding AI-generated music draws from multiple intellectualpropertylaws and regulations, including: Copyright Act (U.S.): Under the U.S. Copyright Act, original works of authorship, including sound recordings, are protected. Is AI training fair use?
. “Although NFTs are still in their infancy, and it is difficult to predict future marketplace developments and potential uses of this new technology, the MPA currently believes that existing intellectualpropertylaw can address issues if and when they arise.”
Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 IntellectualPropertyLaw & Technology Intensive Program. law, and key witnesses to the case reside in the U.K. law, the U.K. she will need to strengthen her claims to ownership of the illustration. Background.
The Plaintiff claims that the Defendant failed to implement adequate policies to verify copyright ownership, which indicates negligence in ensuring compliance with copyright law. Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. Continue reading
Egin Kongoli is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. When I was first assigned a utility provider as my placement for the IntellectualPropertyLaw and Technology Intensive, I thought, “What does providing electricity have to do with intellectualproperty?”
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. Hence, generating copyright ownership opportunities for human contributors.
The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1]
One of the main areas of intellectualpropertylaw development is the link between artificial intelligence and intellectualproperty rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
NFTs may provide a method of establishing ownership and uniqueness, which would help establish trade dress claims for digital assets, but enforcement is made difficult because it is so easy to replicate and distribute in online spaces. Digital fast fashion has become so popular and increased the risks of counterfeits.
First, an inapt analogy to accessio, an aspect of which deals with “ownership of the progeny of animals or the treatment of fruit or crops produced by the labour and expense of the occupier of the land (fructus industrialis)”. seahorses).
In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. She is intrigued by the field of IntellectualPropertyLaw and wishes to explore the same.
Many believed that non-practicing entities with opaque ownerships would avoid filing in Delaware to avoid having to reveal their affiliations and funding sources. Connolly received extensive attention when he issued a set of standing orders in April 2022 calling for litigation funding transparency.
Interestingly, the court also distinguished between ownership and inventorship , emphasizing that only humans can be capable of ownership, but inventorship only requires the capacity to invent, which AI arguably possesses. Patent Law in Canada.
Jane Wessel's book , Owning Performance | Performing Ownership: Literary Property and the Eighteenth-Century British Stage , is a distinguished contribution to this scholarly pantheon. One needs to look no further than Mark Rose, Authors and Owners , or Adrian Johns, The Nature of the Book. Read, learn, and enjoy.
During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Inspection of a Registered Mask Work.
Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyright law 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 date: 30 September 2021.
An assignment is, in spirit, a transfer of ownership, even if it is partial. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. It would help in retaining ownership, thereby licensing only certain rights to another party. What is an Assignment of Copyright?
The p laintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S. They further claim that in 2020, these trademarks were transferred to Shezan, LLC, a company established by the same individuals who previously managed Intershez. Continue reading
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.
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.
This would make it socially responsible to introduce technological break-throughs into services for the benefit of society, protecting intellectualproperty on one hand but allowing different voices that will shape the metaverse on the other, stipulating guidelines on data ownership and requiring consent by users.
a Pennsylvania -based corporation, alleges ownership of exclusive distribution rights for broadcasting premier sporting events, including the Ultimate Fighting Championship® (UFC). Joe Hand Promotions, Inc., Through agreements with copyright holders, Joe Hand Promotions, Inc. Continue reading
For more information on intellectualpropertylaw and tattoo art see Emily Prieur’s IPilogue article “Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership”. Further Reading. For more information on The Andy Warhol Foundation for Visual Arts, Inc. Lynn Goldsmith, et al.
This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian IntellectualProperty Office and the Centre for International Governance Innovation. I attended the 5 th Annual IP Data & Research Conference’s second session on diversity in intellectualpropertylaw.
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 intellectualproperty) law. The preferred form of regulation in the NFT sector is code rather than copyright law.
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.
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