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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights. Moral rights infringement Quite logically, the Court of Appeal restricted its analysis to photographs qualified as original.

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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

In 2016, litigation ensued before the Court of First Instance of Milan, with Garrone seeking to obtain a declaration that the artefact in his possession was in fact authored by Jeff Koons. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94
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Copyright Liability for LLM Outputs

Velocity of Content

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. ↩︎ Ginsburg & Ricketson, supra note 49, ¶ 11.27 [ read full article here ]. ↩︎ See Jane C.

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Canadian Perspectives on Artist Resale Rights

IPilogue

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”.

Art 105
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Beyond the Big Screen: The Legal Odyssey of Film Titles in India

IP and Legal Filings

Shyam Vithalrao Devkatta, (2016) 2 SCC 521 [3] Sholay Media and Entertainment v Parag M. Ashutosh Gowarikar, 2016 SCC OnLine Bom 5207 [8] Zee Entertainment Enterprises Ltd. 2016 SCC OnLine Bom 1812 [11] Biswaroop Roy Choudhary v. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 98
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Maasai Fashion: Indigenous People Vs Corporates

IP and Legal Filings

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

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Monday Miscellany

The IPKat

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.