Remove 2019 Remove Copying Remove Intellectual Property Law Remove Moral Rights
article thumbnail

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.

Artwork 98
article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator. xxv] Bargaining between rights holders and potential users can be described as a form of bilateral monopoly meaning that the transaction costs of bargaining are extremely high. 511, 523 (2012). 102(a) and (b).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Growth of Virtual Youtubers and IP Complications

IIPRD

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.

IP 52
article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

article thumbnail

The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Kluwer Copyright Blog

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. Relationship with the CJEU case law: a step back in time? More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.