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Artist Royalties: An exegesis of Resale rights in India

IIPRD

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

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Rights in Titles: Delhi High Court Affirms Rights in the Title of Iconic Bollywood Film

IPilogue

The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc. in recent years.

Cinema 105
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Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. ” Independently (?),

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

However, the Court specified that this UsedSoft judgment exclusively protects computer programs, as the Computer Programs Directive is lex specialis to Directive 2001/29/EC. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98
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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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CJEU rules that private copying also applies in the cloud and warns against thinking that everything is communication to the public

The IPKat

and the IPKat on a cloud (artwork by Riana Harvey) Over the past few years, a tendency has indeed emerged to consider communication to the public as a one-size-fits-all type of right. A recent example in this sense is Article 17 of the DSM Directive itself.

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