IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. Using someone else’s identity without their consent violates both their personality rights as well as their right to privacy. Union of India, (2017) 10 SCC 1. [3] Ammini Amma and Ors., 1] Jaikishan Kakubhai Saraf v.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. The decision was upheld on appeal.

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The IPKat

DECEMBER 26, 2022

Since 2017, the artist has produced, exhibited, and marketed busts inspired by the character of Tintin, and sculptures inspired by the rocket depicted in the albums "Destination Moon" and "Explorers on the Moon". Background The facts of this case are relatively simple.

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Law Copyright Infringement Moral Rights Copyright 95

Garrigues Blog

NOVEMBER 28, 2023

Determining the final shape and form of a work is particularly important, because from the moment it is created it is afforded intellectual property rights (economic and moral rights). The Spanish courts have hardly addressed this issue.

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IP Moral Rights Intellectual Property Copyright Law 52

IP and Legal Filings

APRIL 19, 2023

Personality rights as such are not expressly stated in the Constitution, but in the case of Judge K.S. Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution. Puttaswamy v.

Personality Rights 98

Personality Rights Privacy Moral Rights Trademark 98

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

LexBlog IP

AUGUST 30, 2023

In 2017, he met the first defendant, a high-ranking executive in an international food-industry company. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). Emphasis added.)

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Intellectual Property Moral Rights Related Rights Art 52

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 30, 2017), [link] ; see also , Skager, supra note i (“As brands shift their marketing strategies to be more relevant, many have both successfully and unsuccessfully incorporated memes into their marketing.”).

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.

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Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

APRIL 26, 2023

Nelson, Moral Rights in the United States, available at: [link] site/copyright/2017/07/21/moral-rights-in-the-united-states/ [4] With respect to cinematographic works, the countries that protect the author rather than the author’s employer include Belgium, Denmark, Germany, France, and Italy. 106A [3] Marley C.

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Copyright Music Moral Rights Ownership 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout. know that Tintin often gets involved in dangerous situations, but never in dangerous amorous or erotic situations. The parody defence.

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Derivative Work Copyright Law Copyright Law 111

The IPKat

AUGUST 15, 2023

For example, a session musician who doesn't write anything may be entitled to performers' rights, whereas, a co-collaborator/songwriter would be a joint or co-author of the musical work, and may also be entitled to moral rights (depending on the country) and performers' rights if they play or sing on the track.

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Copyright Infringement Music Copyright Contracts 52

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction. 2d 119 (2d Cir. 2d 945 (9 th Cir.

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SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office.

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IP and Legal Filings

FEBRUARY 20, 2024

link] PROTECTION OF PERSONALITY RIGHTS IN INDIA: ISSUES AND CHALLENGES, BY AGNES AUGUSTIAN, Volume I | Issue I | June 2023, pp. Union of India AIR 2017 SCC 4161 [2] Anil Kapoor vs simply life & Ors Manu/Deor/248558/2023 [3] Bette Midler v. Furthermore, in a handful of other instances, such as the case of Titan Industries Ltd.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

LexBlog IP

AUGUST 31, 2022

” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). ’ Robert D. Sack, Sack on Defamation: Libel, Slander, and Related Problems § 5:5.2, at 5-130 (5th ed. ” [ Moore Affirmance Order at 9 (line 17) through 11 (line 2)].

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Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG). 4] BGH, 11 May 2017, Die Höhner, GRUR-RR 2018, 61. [5]

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Moral Rights Law Copyright Copyright Law 52

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? The plaintiff argued that the defendant’s mark is similar to its registered ‘ELPASO’ trademark and the defendant has not renewed the impugned mark since 2017. Click to read! Art Sassoon Dock mural controversy.

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Trademark Fair Use Moral Rights Art 103

The IPKat

JANUARY 25, 2025

Did you know that, for example, if you take a photograph of the Sistine Chapel or Michelangelos Piet , you may not own the rights to your picture? The Guidelines are overall quite intriguing, including having regard to copyright under Article 7. But, before we jump onto copyright, a small yet key notation is warranted. CXCVII, Sept.

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