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The defense concluded that the case was without merits, thus not violating copyrightlaws. Thus, in such cases, copyrightlaws would favor the producer if the BTS Footage was created as part of the production process. The dispute shares a similarity with Ilaiyaraaja’s copyright case. [1] 1] Llaiyaraja v.
Posted In contract , copyright , Intellectual Property It’s likely that you’ve heard about pop star Taylor Swift re-recording her old albums. Just a few weeks ago, she released Red (Taylor’s Version), a re-recording of her 2012 album Red.
The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyrightlaw.
The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyrightlaw. 5, 12 (2012). Copyright Soc’y U.S.A. 17 U.S.C. §
Introduction The principle of the first sale doctrine is a basic precept of copyrightlaw allowing the lawful possessor of a copyrighted work to resell, lend, or distribute that work without the permission of the copyright holder. Conclusion The digital-first sale doctrine remains an open area of copyrightlaw.
Over the next year, Swift released re-recorded versions of both her Fearless (2008) and Red (2012) albums, receiving widespread commercial and critical success. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyrightlaw governing the music industry. Look What You Made Me Do.
In this part II we discuss two additional aspects, with a focus on UK copyrightlaw and the EU copyright acquis. 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 intellectual property) law.
Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. This modification, however, was repealed as part of the 2012 update to the Indian Copyright Act. Waiver of moral right of the author permissible?
The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyrightlaw.
For instance, in 2012 Kodak used its facial recognition patent, among its other IPs, as collateral when it was facing bankruptcy. The whole patent portfolio of the company, at the time of their auction, was reported at a whopping 2 billion USD in 2012! However, mere creation is not sufficient for protecting the interests of a creditor.
Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder).
The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. by Tito Rendas. € by Martin Senftleben. €
A growing number of daily releases makes India’s copyrightlaws particularly important in. The contract makes a significant difference when it comes to the right in respect to works utilised in films, even though the music composers in the example above may still assert a royalty claim for non-film works. Introduction.
Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. In 2012, when IRRO raid in the University of Delhi, It was commented by the secretary of IRRO that, IRRO has merely given a few licenses to corporate bodies.
Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.
Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download. In 2014, Lang Van sued VNG for copyright infringement.
3) According to the Court, the term “sale” used in article 41 of the CopyrightLaw must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.
AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd.
According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyrightlaw has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties.
Bowrey argues that the rise in availability and popularity of crime, mystery and detective stories was sponsored by changes to copyright commercialisation practices, which facilitated the full potential of modern copyrightlaw to be exploited internationally.
Note that this isn’t the case with traditional over-the-air radio broadcasts; due to idiosyncrasies in the way copyrightlaw has developed over the years, artists and record labels aren’t paid for the performance of sound recordings via terrestrial broadcasts.). copyrightlaw. Performance “Absent a Specific License”.
The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.
The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.
Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. The significance of the report and its issues have been extensively covered on the blog here.
Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. Craig emphasises how empirical studies exploring the connections between copyright and gender remain scarce in literature.
We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyrightlaw etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.
However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. Anyone engaging in the unauthorised exploitation of a celebrity’s name or misrepresentation shall face consequences under this section of the law. REFERENCES : Pusey, I., & Morgan, M.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyrightlaw etc. The judgment said that Copyrightlaw is not intended to curtail access to information. The Judgement was passed by Justice Ravi Krishan Kapur.
Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. 302, 328-29 (2012)] If ever there is a case to depart from that principle, perhaps it is this one. Ashcroft , 537 U.S. at 556-58, 560; Eldred , 537 U.S.
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