IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. Hussain and F.N.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. 2018) 2 SCC 1. [11] Ammini Amma and Ors., 9] Consim Info Pvt.

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

The IPKat

FEBRUARY 21, 2022

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.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Kluwer Copyright Blog

NOVEMBER 24, 2022

with orphan works, see U Suthersanen & M M Frabboni , 2021) and other non-mainstream, non-institutionalised forms of creativity ( E Bonadio & N Lucchi, 2018 ; J Gibson, 2019 ). Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights.

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

AUGUST 26, 2024

Similarly, the Delhi High Court in 2018, highlighted the need to protect commercially valuable characters, such as Disney’s “Lightning McQueen,” from unauthorised merchandising. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The IPKat

MAY 9, 2023

3) Changes to parts of the building that affect the architect's copyright are not permitted without the architect's involvement. […] The mosque was inaugurated in 2018. The architect filed a lawsuit against the mosque’s owner, claiming the infringement of his moral rights under §§ 14 and 39 of the German Copyright Act.

Copyright 52

Copyright Moral Rights Contracts Art 52

JIPL Online

APRIL 9, 2021

Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. [iv] Maxwell L. Stearns, Todd J. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

IIPRD

JUNE 13, 2024

The Practice and Procedure manual of (2018) [3] provided by the Copyright Office, explicitly confirms the practice of assigning authorship of computer-generated works to human individuals. the entitlement to paternity, the right to preserve the purity or integrity of a work, and the right of withdrawal). Premium Waters, Inc.” [8],

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

LexBlog IP

AUGUST 30, 2023

According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moral right). Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

OCTOBER 10, 2023

13, 2018) Come to think of it you, you may also recall a California case holding VARA did not apply to graffiti comprised of large scale murals on the exterior of San Francisco’s oldest continuously operating queer bar, The Stud. Copyright Act is the primary section that grants rights to visual artists. G&M Realty L.P.

Social Media 52

Social Media Art Fair Use Moral Rights 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.

Derivative Work 105

Derivative Work Copyright Law Copyright Law 105

IP and Legal Filings

JANUARY 22, 2024

Concerns of the Creators The very purpose of protecting intellectual property rights is to reward the creator for his/her intellectual creation, to encourage the creative endeavours for their growth, and to protect the creation of one’s intellectual labour. These rights are transferrable for financial benefits. 2018, 08 07).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. Is IP to blame for access to Covid-19 vaccines?

IP 91

IP Reporting Contracts Licensing 91

43(B)log

AUGUST 9, 2024

2018: UK House of Lords, TM site-blocking case disagreed. AI and Authorship Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study Personality rights theory of ©: bond between artist and work/work is part of the personal sphere of the creator and part of their personal identity.

Fair Use 59

Fair Use Moral Rights Law IP 59

IPilogue

OCTOBER 7, 2022

In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction.

Art 105

Art Moral Rights Artwork Editing 105

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]

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52