Licensing Agreements Research Articles

Analisis Perjanjian Lisensi dalam Perlindungan Hak Kekayaan Intelektual Dalam Perdagangan E-Commerce

As is known, nowadays, along with the development and progress of technology, all human activities often come into contact with things that are instantaneous. Like trading via e-commerce which is currently popular on various social media and other platforms. This research aims to determine the analysis of licensing agreements in protecting intellectual property rights in e-commerce trading. This research uses normative law using a statutory and conceptual approach. The research results show that the existence of a licensing agreement indirectly represents the granting of rights to the licensing party to use and obtain protection in exercising their economic rights. If there is a process of selling and distributing goods through certain accounts on e-commerce sites by parties who are not authorized to own the license using a certain brand, this action is considered a form of brand infringement. Parties who feel disadvantaged by these actions, as copyright holders of their trademarks, can file a lawsuit for trademark infringement and copyright infringement.

“Artificial Intelligence”: Problems of Civil Law Qualification

Based on the civil law research methodology, the paper provides an insight into theconcept of “artificial intelligence”, its legal nature and peculiarities of transactions.The subject of research is the underlying doctrine, legal provisions on “artificialintelligence” and their enforcement practices. The research purports to lay atheoretical groundwork for the concept of “artificial intelligence” as a complex thingat law whose structure may comprise a variety of intellectual assets. The applicablecivil law regime — specifics of formalization of the underlying relationships — isdetermined by the legal nature of “artificial intelligence” as an ideal phenomenon.In view of the complex nature of the object in question, the structural system andcomparative law methods were used in the paper. In fact, the use of the structuralsystem method allowed not only to analyze “artificial intelligence” as a complexstructure but also to identify computer software as its core structural element. Thecomparative law method enabled to develop an idea of regulatory mechanism for“artificial intelligence” as well as to demonstrate the specifics of interpretation of theapplicable provisions of intellectual property law. The paper also makes use of specialmethods of inquiry such as the logical and formal methods, with the latter allowingto define the concept of “artificial intelligence” and discuss its core legal features.As a methodological peculiarity, the study combines the theoretical and empiricallevels of cognition. The use of the methods mentioned allowed to explore raisedlegal issues of “artificial intelligence” as they relate to the foundations of civil law.It is concluded that the main frequently used contractual arrangements to disposeof the exclusive right to “artificial intelligence” include the exclusive right transferagreement and the licensing agreement. The paper provides an analysis why anexception from the general rules applicable to exclusive right transfer agreementsand licensing agreements were made for “artificial intelligence”.

Enforcing Copyright on Online Streaming Platforms: Challenges Faced by Rights Holders in the Digital Era

The advent of online streaming platforms has revolutionized the way content is consumed, providing users with instant access to a vast array of digital media. However, this digital era has also brought forth numerous challenges for copyright holders in enforcing their rights. This research paper aims to investigate the challenges faced by rights holders in enforcing copyright on online streaming platforms and explore potential solutions. The literature review reveals that copyright infringement on online streaming platforms is a major issue, with unauthorized streaming and illegal file-sharing posing significant threats to the rights holders. The complexity of jurisdictional boundaries and the anonymity afforded by digital platforms make it challenging to identify and pursue infringers effectively. Existing research highlights the limitations of Digital Rights Management (DRM) technologies in preventing copyright infringement, necessitating a multi-faceted approach to enforcement. To address these challenges, this study will employ a mixed-methods research approach. Qualitative methods, such as interviews with copyright holders, will be conducted to gain insights into the specific challenges faced by rights holders. Additionally, quantitative data analysis will be performed to examine the effectiveness of legal and technological solutions implemented to enforce copyright on online streaming platforms. The research will identify key challenges, including the difficulty of preventing unauthorized streaming, the prevalence of illegal file-sharing, and the implications of jurisdictional complexities. Furthermore, it will explore legal mechanisms, such as international copyright treaties and licensing agreements, as well as the effectiveness and limitations of DRM technologies in preventing infringement. This Paper will also go in-depth about the various initiatives taken up by the industry to face such challenges. Based on the findings, this research paper will provide policy recommendations to address the challenges faced by rights holders. The aim is to propose improvements to legal frameworks, enforcement mechanisms, and industry practices. By addressing these challenges, it is expected that effective enforcement of copyright on online streaming platforms can be achieved, ensuring fair compensation for rights holders and fostering a sustainable ecosystem for digital content creation and distribution.

License Agreements used in Distribution of Machine Learning Software Packages

Recently, consideration of the issues of legal regulation of artificial intelligence has become increasingly relevant. Most legal works are devoted to the study of responsibility of a legal personality that arises or does not arise from activities involving the use of artificial intelligence. However, for developers of the relevant software, the issue of intellectual property protection, namely, exclusive rights to computer programs, is more interesting. In particular, the types of licenses under which open source software products (such as MIT, GPL, BSD, Apach), their main characteristics, disadvantages and advantages are of interest. Of particular interest is the legal regulation of such license agreements in the context of cross-border turnover of software packages, as well as the existence of the open source concept. In addition, in order to dive deeper into the subject area of the study, the paper discusses basic concepts from the theory of machine learning.

A TYPOLOGY OF CONTEMPORARY MODELS FOR DUAL-USE TECHNOLOGY TRANSFER

This paper provides an integrative analysis of key mechanisms for dual-use technology transfer, developing a contemporary typology based on real-world examples. It examines the comparative advantages and risks of direct commercial sales, licensing agreements, foreign direct investment, and international R&D partnerships. The study highlights how each mechanism enables broader dissemination of technology but also poses potential perils such as intellectual property compromise, arms proliferation, and unauthorized knowledge transfer. Dual-use technologies range across sectors like information technology, biotechnology, aerospace, and nanotechnology, with nuclear technology being a prime example. The transfer landscape involves diverse actors from governments to corporations to research institutions. Given national security implications, robust governance frameworks are needed to ensure responsible cross-border transfer.

Africa Commons: History and Culture

Africa Commons: History and Culture refers to one of the four modules in the African Commons database. The History and Culture resource (i.e., module) covers the cultures and history of Africa and offers the user more than 400,000 documents, including periodicals, books, images, and multimedia, ranging in date from the eleventh century to the present. The content is drawn from numerous institutions (e.g., universities and colleges, libraries, museums, corporations, governments) and countries (mostly in Africa) and covers almost 150 separate topics. As with other databases that provide images of original, historical documents, the readability of the materials available here can vary. Some are notably faded and therefore not easily read, though doing so is certainly not impossible. How exactly to navigate, enlarge, and reduce documents varies somewhat, as they are drawn from different online sources, but can usually be done without difficulty. Database content can be browsed and/or searched for by Title or Author or in the Summary, Full Text, or All Fields. However, searches by Title or in the Summary can often produce limited results, while those in Full Text or All Fields are far more productive. Even though the Search and Browse options are understandable and frequently produce useful content, it can be difficult to determine how relevant the search results are to the query submitted because the titles are generally not descriptive and summaries lack detail. Pricing is determined by the type and size of an institution, and consortia discounts are available. The content is in many ways exceptional, given its great breadth and depth, so it will be very useful to students and researchers of African history and culture, despite the difficulties mentioned above. While the licensing agreement for this database is too long and detailed, its provisions are average and give little reason for concern.

University Technology transfer: from the invention disclosure to the licensing agreement

University Technology transfer: from the invention disclosure to the licensing agreement

Kedudukan Karya Seni Digital dalam Sistem Non-Fungible Token (NFT) Terhadap Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

Non-fungible tokens (NFTs) make it easier for artists to utilize the moral and economic rights to their artworks in digital form. Unfortunately, the implementation of NFTs is still not accompanied by special regulations governing it. Law Number 28 of 2014 concerning Copyright can at least be a reference for its regulation because after all, one of the assets underlying the sale and purchase of NFTs is a work of art which is also protected by copyright. The purpose of this study is to analyze the position and legal protection of digital artworks in the NFT system from the perspective of Law Number 28 of 2014 concerning Copyright. This research uses a normative juridical approach method by taking secondary data sources and supporting data in the form of interviews with NFT creators which are then analyzed qualitatively. The results showed that digital artworks in the NFT system have the same position as works of art in general as they are also protected by copyright under Article 40 of Law Number 28 of 2014 concerning Copyright. However, there are several aspects in its implementation that are different from the Copyright Law, such as the royalty acquisition mechanism which is not based on a license agreement, but uses a smart contract which has become a default option offered in the NFT marketplace platform system. The NFT marketplace platform and the government exist as parties in charge of protecting copyright law.

Kedudukan Karya Seni Digital dalam Sistem Non-Fungible Token (NFT) Terhadap Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

Non-fungible tokens (NFTs) make it easier for artists to utilize the moral and economic rights to their artworks in digital form. Unfortunately, the implementation of NFTs is still not accompanied by special regulations governing it. Law Number 28 of 2014 concerning Copyright can at least be a reference for its regulation because after all, one of the assets underlying the sale and purchase of NFTs is a work of art which is also protected by copyright. The purpose of this study is to analyze the position and legal protection of digital artworks in the NFT system from the perspective of Law Number 28 of 2014 concerning Copyright. This research uses a normative juridical approach method by taking secondary data sources and supporting data in the form of interviews with NFT creators which are then analyzed qualitatively. The results showed that digital artworks in the NFT system have the same position as works of art in general as they are also protected by copyright under Article 40 of Law Number 28 of 2014 concerning Copyright. However, there are several aspects in its implementation that are different from the Copyright Law, such as the royalty acquisition mechanism which is not based on a license agreement, but uses a smart contract which has become a default option offered in the NFT marketplace platform system. The NFT marketplace platform and the government exist as parties in charge of protecting copyright law.

Kedudukan Karya Seni Digital dalam Sistem Non-Fungible Token (NFT) Terhadap Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

Non-fungible tokens (NFTs) make it easier for artists to utilize the moral and economic rights to their artworks in digital form. Unfortunately, the implementation of NFTs is still not accompanied by special regulations governing it. Law Number 28 of 2014 concerning Copyright can at least be a reference for its regulation because after all, one of the assets underlying the sale and purchase of NFTs is a work of art which is also protected by copyright. The purpose of this study is to analyze the position and legal protection of digital artworks in the NFT system from the perspective of Law Number 28 of 2014 concerning Copyright. This research uses a normative juridical approach method by taking secondary data sources and supporting data in the form of interviews with NFT creators which are then analyzed qualitatively. The results showed that digital artworks in the NFT system have the same position as works of art in general as they are also protected by copyright under Article 40 of Law Number 28 of 2014 concerning Copyright. However, there are several aspects in its implementation that are different from the Copyright Law, such as the royalty acquisition mechanism which is not based on a license agreement, but uses a smart contract which has become a default option offered in the NFT marketplace platform system. The NFT marketplace platform and the government exist as parties in charge of protecting copyright law.

Customization Model Suggestion of Copyright License Agreement by Conditions

Customization Model Suggestion of Copyright License Agreement by Conditions

An automatic approval platform model for providing convenience of copyright licensing agreements between creators

An automatic approval platform model for providing convenience of copyright licensing agreements between creators

Методический подход к обоснованию ставки роялти в проектах нефтегазовых компаний

Intellectual property (IP) is the result of the creative work of inventors. The implementation of intellectual property and non-property rights is regulated by Russian law. One of the important components of intellectual property (IP) management is its commercialization. It is possible to assess the value of IP through an objective analysis of projects and their parameters, including financial components. Commercialization of IP is carried out through the mechanisms of alienation and disposal by companies of their intellectual assets in order to obtain commercial benefits. One of the ways to dispose of rights is to conclude license agreements on granting the right to use protected intellectual property. The validity of a license agreement depends on the presence in the compensated license agreement of a condition on the amount and procedure for paying remuneration. Payment of remuneration may be provided in the form of one-time payments (lump payment), periodic interest deductions (royalties) or in another form. Payments in the form of royalties are most in the interests of the right holder. The calculation of the royalty rate is methodologically not regulated at the legislative level and is the most controversial issue when concluding license agreements. The development of methodological approaches to determining the royalty rate makes it possible to increase the justification of the costs of project implementation. The article describes the existing methodological approaches to the calculation of a fair royalty rate, analytical tools for determining standard royalty rates, and the values of recommended royalty rates in the oil and gas industry.

Court Disputes of Determining the Scope of Copyright and Related Rights to Works and Phonograms Acquired by Inheritance

The article analyzes the features of inheritance of exclusive rights to works and phonograms as the results of intellectual activity belonging to the testator. The author points out the difficulties that arise when proving by the heirs the fact of the inclusion of copyright and related rights in the mass of the succession and their volume since exclusive rights to such objects are not subject to registration. The author cites as an example the alienation by heirs of rights in respect of musical works, the exclusive rights to which belonged to the testator, provided that the heirs did not know that the testator, as the right holder, during his lifetime, such rights had already been alienated in favor of third parties (for example, on the basis of a license agreement on the rights of an exclusive license) that as a result, it generates a transaction of heirs for the disposal of intellectual property rights that do not belong to the heirs, that is, an insignificant transaction. At the same time, there is no bad faith on the part of the heirs when making such an insignificant transaction. The author concludes that the protection of the rights of heirs will be facilitated by the establishment of a presumption of ownership of copyrights to the results of intellectual activity to heirs in relation to the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law. At the same time, the existence of any restriction in the use of exclusive rights to the results of intellectual activity must be proved to third parties to whom exclusive or non-exclusive rights to the corresponding result of intellectual activity were transferred by the testator based on relevant contracts. The above, therefore, will lead to the ordering and accounting of contracts on the transfer of rights to such results of intellectual activity in order to avoid proving by the acquirer of such rights under the contract in court each time the fact of alienation of his rights by the right holder. It is concluded that when establishing the presumption of ownership of copyrights to the results of intellectual activity to heirs in respect of the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law, to persons to whom the rights to the relevant objects were transferred by the testator during his lifetime on the basis of transactions on the disposal of such rights, the burden of proving the ownership of such rights will be assigned to the acquirer, to which it will be necessary to challenge the rights of the heirs in respect of the relevant works, however, in order to avoid a plurality of lawsuits by third parties to challenge transactions on the disposal of copyright and related rights concluded by the heirs in respect of the same amount of intellectual property rights that the testator did not have at the time of death due to their alienation to third parties, it seems most appropriate to file the right holder of the claim at the place of the opening of the inheritance to the heirs on the exclusion of rights to specific works, phonograms from the inheritance.

Discussion on the Artificial Intelligence (AI) Tools Usage in the Scientific World

Dear Editors, We have been reading with great interest your editorial discussion on “Artificial Intelligence and Co-Authorship” which you initiated some time ago [1]. In the current era, the vast amount of data generated from routine applications, scientific research, and the resulting outcomes has surpassed what the human mind can read and evaluate. Therefore, there has been a need to summarize data and develop information processing-based applications for easy access, leading to the design of automated - artificial intelligence-based - tools. Nowadays, these tools are used in various processes, from data collection and analysis to hypothesis generation, experimentation, and simulation. The use of Artificial Intelligence (AI) tools is highly beneficial in conducting and reporting scientific research. Particularly, for tasks such as literature reviews, identifying research gaps, and learning about collaborations among researchers/institutions, a wide range of AI-based tools has been developed, making it easier for researchers to accomplish these tasks. However, researchers are still seeking solutions to expedite the time-consuming aspects of writing their research. AI can automate repetitive tasks efficiently and with minimal errors, allowing humans to focus on more creative and strategic tasks. They can make better decisions by forecasting the future based on evaluating various types of existing data. After analysing similar content, they can generate purposeful creative content. They can answer questions on topics that humans may not understand comprehensively and informatively. And of course, they can translate text and speeches accurately and fluently into other languages. Misuse of AI tools or misinterpretation of results obtained from these applications can have significantly adverse consequences. One notable example of this is the unchecked preparation of academic papers by AI-based software. In fact, ChatGPT has been listed as a co-author in at least four articles in the literature, but corrections have been made in some cases due to its inaccuracies. When the Web of Science is searched, it is seen that ChatGPT was removed from authorship by making corrections in 1 article in which ChatGPT was previously mentioned as a co-author [2], and in two articles in the British Journalism Review and in three articles about ChatGPT in different journals, it was mentioned as a group author. It has been observed that while AI models like ChatGPT can generate text that appears human-like, there can be issues with interpretation and the presentation of false references, as highlighted in studies in the literature. Therefore, AI-based software like ChatGPT should not be used as co-authors without control but should be used as tools like other software, with the written text going through human oversight. As a result, the full responsibility for what these AI tools produce should rest with the author(s) submitting the article and cannot be attributed to the AI [3]. Organizations such as the Committee on Publication Ethics (COPE), the World Association of Medical Editors (WAME), and the JAMA Network are important regulatory bodies concerning the content and quality of academic publications. They emphasize that individuals who cannot fulfil authorship requirements, such as declaring conflicts of interest, managing publication rights, and licensing agreements because AI tools cannot fulfil these duties, cannot be authors of a paper [4-6]. In line with our recommendations above, these organizations also state that authors must bear full responsibility for everything the AI tool does within the manuscript and for the article's adherence to ethical standards. In conclusion, AI-based applications contribute significantly to academic research, just as they do in many other fields, and serve as important tools for researchers in academic writing. With long-term development and improvements, we believe that they will gain the ability to write a substantial portion of academic papers as their literature review capabilities expand. However, the accuracy and originality of the written information must always be subject to human oversight to make new contributions to the literature. At this point, AI-based applications come into play again, claiming to detect the difference between AI-generated and human-created content with approximately 99% accuracy. Cases perceived as AI-generated content have been corrected through legal action or appeals to higher authorities [7]. Ultimately, the use of AI-based tools like ChatGPT and AI-generated content in academic studies, like other features of academic work, should be regulated with ethical considerations. Yours Sincerely,

University-Industry Technology Transfer and Coproduction: A Case Study

Universities can promote entrepreneurship and innovation both by training professionals and by offering knowledge resulting from their research. Traditionally, industrial development has benefited from technology transfer (TT) from universities. Although the TT is very known and used, co-ownership and economic exploitation after a TT process remain a challenge to formal University-Industry agreements. In this study we discuss the notion of university-industry coproduction as a means to address formal agreement after TT. The case study is a Brazilian national Program, called CEURS - “Training and Studies for Urban and Regional Sustainability”. The main goal of CEURS is to provide practical training to individuals and teams on sustainability matters, focused on how to fulfill the UN's SDG 2030 Agenda locally (i.e., how to empower projects that are already at the community level so that they can become city programs). To do so, CEURS project was led by an academic network, sponsored by national government agencies. The project was developed at the Federal University of Santa Catarina (UFSC) by academics and students of the Graduate Program in Engineering and Knowledge Management, from the research group on Co-production in Digital Commons, in Brazil. CEURS team has developed CEURS Platform, a digital education platform, currently in the process of being publicly transferred to be augmented and operated at a national level. In this article, we analyze the institutional technology transfer agreements available to CEURS regarding the need to meet project demands for technology licensing, technology transfer, open innovation, and joint patents. We offer a critical analysis of a current regulatory process in technology transfer in an academic project that combines education, development, and social demand fulfillment. We conclude that a technology transfer licensing agreement can include principles that may fulfill CEURS project needs for nationalization through university-industry co-production. This study contributes to academics, innovation offices, policymakers, and university managers in formulating diligent and fast processes and strategies through technology transfers.

Update of Bragg edge analysis software “GUI-RITS”

The energy-resolved neutron imaging system, RADEN at J-PARC, has been providing to users a Rietveld-type analysis code, RITS, for pulsed neutron Bragg-edge transmission (BET) imaging with a graphical user interface (GUI) version, for fitting spectral data obtained with this instrument. In the last year, we updated the computational platform of GUI-RITS software from Scientific Linux 6 (SL6) and Python 2 to Windows 10 and Python 3, and added some functions to improve usability. The license agreement for this updated software is the Berkeley Software Distribution (BSD) 2-Clause License (non-copyleft) and is currently available for download from the RADEN website.

Mr. Feige, I don’t feel so good … Copyright ownership, creators’ rights, and the Marvel Cinematic Universe

The Marvel Cinematic Universe is the highest grossing franchise of all time. What happens when the creators of some of the characters that have made Earth’s Mightiest Heroes such an onscreen success attempt to reclaim their ownership of those characters? This article discusses the relationship of the MCU to copyright disputes in phases. First, the history of copyright contests over Marvel characters is discussed, starting with the licensing disputes surrounding the 1998 film Blade. Former attempts by creators to reclaim ownership of their comic book characters are then analysed and compared to the current claims for ownership of MCU characters. The article then speculates on the possible effects of character ownership becoming split in the MCU and suggests ways that the MCU might move forward by taking an approach to shared character ownership informed by past Marvel licensing and character agreements.

Artificial Intelligence: problems of civil law qualification

Following the methodology of civil research, the concept of artificial intelligence is analyzed and the conclusion about the fallacy of recognizing the legal personality of artificial intelligence is argued. Artificial intelligence as a result of complicated programming is a complex object of civil rights, which includes various structural elements — the results of intellectual activity. The mechanism of acquiring the right to use the results of intellectual activity included in a complex object by a person who organized the creation of artificial intelligence is considered. The essence of legislative exceptions from the general rules on agreement on the alienation of exclusive rights and license agreements in relation to artificial intelligence is analyzed. The conclusion is substantiated that in the absence of regulation of relations on the acquisition of the right to a complex object, it should be provided for: an agreement between the person who organized the creation of artificial intelligence and each of the right holders of the result of intellectual activity that is part of artificial intelligence, or a special condition provided for in the agreement on the alienation of the exclusive right to the result of intellectual activity in as part of an artificial intelligence or a license agreement with each right holder. The conclusion is reasoned that the person who organized the creation of artificial intelligence, in the presence of the considered legal grounds, acquires not only the rights to the relevant results of intellectual activity — structural elements of artificial intelligence, but also the right to the entire artificial intelligence as a whole.

Comparing Several Encrypted Cloud Storage Platforms

Cloud services and cryptographic cloud storage systems have gained popularity in recent years due to their availability and accessibility. The present systems are nonetheless still ineffectual. They are the best since they demand a lot of trust from the user or the provider. To ensure they are not violating any End-User License Agreement (EULA) clauses, providers typically keep the ability to examine the files that have been saved, and some even keep the ability to share the data. It is simple to create a copy of every piece of data when a provider has access to go through it, which is considered abuse. A typical user would have a very difficult time proving these claims because they have no method of finding any evidence supporting such claims. Due to the growing quantity of Machine Learning (ML) performed on personal user data for either tailoring advertisements or, in more severe cases, manipulating public opinion, this issue has only gotten worse in modern times. Due to the volume of users and files kept, cloud storage services are the ideal location for getting such information, whether personal or not. To retain complete anonymity, the user could take the simple step of adding a local layer of encryption. This will prevent the cloud provider from being able to decrypt the data. The requirement for ongoing key management, which becomes more challenging as the number of keys rises, is another drawback of this. To better understand normal behaviors and pinpoint potential weaknesses, this study aims to explore and assess the security of a few well-known existing cryptographic cloud storage options. Among the vendors investigated are Microsoft Azure, Tresorit, Amazon S3, and Google Cloud. Based on documentation particular to each service, this comparison was done. However, the majority of providers frequently provide only a limited amount of information or don't go into great detail about specific ideas or procedures (for instance, security in Google Cloud), leaving room for interpretation. The authors conclude by outlining a unique approach for encrypted cloud storage that employs Cocks Identity Based Encryption (IBE) and Advanced Encryption Standard (AES)-256 Cipher Block Chaining (CBC) to limit potential abuse by alerting the user anytime a file 1 inspection takes place. Cocks IBE will be utilized as an alternate cryptographic method for access controls, and AES-256 will be used for the Initialization Vector (IV) features' encryption. Additionally, Fiat-Shamir authentication will be zero-knowledge. A system like this might be used by companies who offer services in the actual world because it would boost customer confidence.