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GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.
Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moralrights,” grants the owner of a copyright the power to exercise moral authority over the work. 56 of 2021 on management of song and/or music copyrights royalties.
The use of AI technology to generate images or music and other creative works, has legal implications for copyright and relatedrights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.
The protection of moralrights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The term of protection in China is the life of the author plus 50 years for individual authors or 50 years from the first publication of the work for legal entities, unless otherwise provided.
The question as to whether the required serious infringement of moralrights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case. The BGH assumed that an infringement of the relatedright of the film producer had occurred.
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 moralrights, contracts, passing off and copyright infringement.
This first part covers the definition of a work, authorship and moralrights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Moralrights (Sections 12-14 UrhG). 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]
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