The IPKat

NOVEMBER 23, 2023

In a decision dated 22 September 2022 , the Court of Appeal declared that the artist's action was time-barred. What's more, while such an action for damages may be time-barred in respect of certain disputed facts, this does not mean that it will be time-barred in respect of others, including as regard moral rights.

Copyright Infringement 121

Copyright Infringement Copyright Moral Rights Intellectual Property 121

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 63

Copyright Moral Rights Government Public Domain 63

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

Moral Rights 77

Moral Rights Database Right Design Designs 77

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.

Copyright 63

Copyright Moral Rights Fair Use Related Rights 63

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. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 68

Intellectual Property Moral Rights Registration Editing 68

Patently-O

SEPTEMBER 27, 2023

This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity. In 2022, the USPTO reported a 32% growth in the number of U.S. However, engaging diverse inventors at large technology companies still presents layers of challenges.

Inventor 116

Inventor Business Moral Rights Technology 116

IP and Legal Filings

JANUARY 23, 2023

vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor. REFERENCES [i] Robyn Conti, What You Need To Know About Non-Fungible Tokens (NFTs) Forbes (2021), [link] (last visited July 01, 2022). [ii] v] Non-fungible tokens (NFT), ETHEREUM.ORG, [link] (last visited July 01, 2022). [vi]

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. 2022, 618ff. published in Grur.

Copyright 105

Copyright Public Domain Art Moral Rights 105

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022. This is, of course, very important for the creative communities of Cambodia.

Copyright 133

Copyright Moral Rights Copying Publishing 133

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . The territorial application will take effect on 1 December 2022.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

DECEMBER 26, 2022

On 14 March 2022, a similar decision was also issued against the sculptor as he continued to create and sell new infringing busts. Consequently, Ms R and Moulinsart brought an action for copyright infringement before the Tribunal Judiciaire of Marseille. In a judgment dated 17 June 2021, the court granted the plaintiffs' claim.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work. 2022, April 22). 1] 1995 (1) ARBLR 555 Delhi. [2] Journal of Social Studies (JSS).

Music 98

Music Copyright Copyright Infringement Moral Rights 98

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

IP and Legal Filings

APRIL 19, 2023

Protection Of Personality Rights Under Ipr Although the provisions of the country’s current IPR laws can be used as an indirect reference, the law dealing to such a violation of image rights has not received exclusive recognition under Indian law.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

SpicyIP

AUGUST 26, 2024

2022), the Court held fictional characters to be copyrightable, if they met the test of identifiability and originality, protecting “Del Boy” in the sitcom “Only Fools and Horses.” The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M. Rajat Nagi & Ors.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

The IPKat

MAY 22, 2023

However, from 29 October 2021 to 7 January 2022, the UK Intellectual Property Office (IPO) ran a consultation on AI and intellectual property covering text and data mining using copyright material.

Music 82

Music Intellectual Property Copyright Technology 82

IIPRD

JUNE 13, 2024

Which states that for copyright registration only “the details of the person(s), who has actually created the work i.e. only natural person (human being), should be provided” Also, section 57 of the act says that the author has Moral rights, and incorporates the right to paternity and the right to integrity.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

LexBlog IP

OCTOBER 10, 2023

Oct 18, 2022). Copyright Act is the primary section that grants rights to visual artists. This includes various provisions that protect the moral rights of authors of certain works of visual art, including the rights to: Attribution: The right to have their name associated with the work. ” Canilao v.

Social Media 52

Social Media Art Fair Use Moral Rights 52

SpicyIP

MAY 23, 2024

One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. Nonetheless, the courts overlooked the essence of the amendment, leading to such rights still not being recognized by the Supreme Court.

Music 59

Music Licensing Copyright Moral Rights 59

LexBlog IP

DECEMBER 19, 2022

The first Italian judgment granting a preliminary injunction concerning NFTs (that were deemed to be infringing trademark rights, see our post here ) has been followed by another European judgment on the matter: at the end of October 2022, the Commercial Court of Barcelona issued a partial preliminary injunction, ordering the custody of the allegedly (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. While the details of the agreement are yet to be disclosed, it was announced in April 2023, though signed in October 2022.

IP 124

IP Copyright Trademark Intellectual Property 124

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. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Velocity of Content

DECEMBER 4, 2024

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. ↩︎ Paul Goldstein , Derivative Rights and Derivative Works in Copyright , 30 J. Int’l Comm.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

MARCH 29, 2023

In March 2022, the Canadian Intellectual Property Office (“CIPO”) allowed its first artificial intelligence (AI)-authored copyright registration of a painting co-created by the AI tool, RAGHAV Painting App (“RAGHAV”), and the IP lawyer who created RAGHAV, Ankit Sahni.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

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

IPilogue

JANUARY 20, 2022

Those who criticize the company, and any association with it, may have better grounds to stand on than moral outrage over pornography. . Moral rights include the right to the integrity of the work and attribution in reasonable circumstances. Museums in France can claim perpetual moral rights of an author’s work.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Moral Rights 59

Moral Rights Television Copyright Intellectual Property 59

Kluwer Copyright Blog

NOVEMBER 24, 2022

More frequently, the commentary addresses copyright or intellectual property protected commodities created for the child – rather than by the child – for the purpose of entertainment, learning or as practical everyday objects ( J Bellido & K Bowrey, 2022 ). The work by the child: acknowledgements and safeguards.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

Blogging 68

Blogging IP Moral Rights Copyright Law 68

The IPKat

MAY 9, 2023

In 2022, the defendant added a glass canopy on the western part of the façade. 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. In this case, no special remuneration is owed. (3)

Copyright 52

Copyright Moral Rights Contracts Art 52

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. Applications for scholarships must be submitted before 11 February 2022. The course cost is £700.

Intellectual Property 61

Intellectual Property Moral Rights Privacy Copyright Infringement 61

The IPKat

SEPTEMBER 30, 2024

Applicable law In December 2022, Ukrainian Parliament adopted a new copyright law, Law No 2811-IX [see an overview of its main provisions by The IPKat here ]. The scope of this sui generis right includes the same economic rights that are granted to works (Art. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

The IPKat

MAY 11, 2022

In April 2022, the EU Commission's impact assessment report looking at the situation of CIPs in the EU showed that the lack of an adequate legal regime " creates a disincentive to investment in traditional crafts in the EU, adding up to increased costs and legal uncertainty for producers ". What about the EU?

Blogging 63

Blogging IP Moral Rights Registration 63

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections.

Art 105

Art Moral Rights Artwork Editing 105