U.S. Department of Commerce

SEPTEMBER 8, 2023

A Message from Deputy Secretary Don Graves September 8, 2023 ASowah@doc.gov Fri, 09/08/2023 - 08:48 Dear Business Leaders, As Deputy Secretary of Commerce, I am writing to you and your members to underscore the importance of continuing our collective work toward advancing diversity, equity, inclusion, and accessibility (DEIA).

Moral Rights 104

Moral Rights Journalism Business Reporting 104

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. However, a moral right of authors to be attributed for their works is recognized outside the United States , and, in some cases, this right also enables authors to protest the false attribution of works to them.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

NOVEMBER 23, 2023

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement.

Copyright Infringement 122

Copyright Infringement Copyright Moral Rights Intellectual Property 122

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. ↩︎ Ginsburg & Ricketson, supra note 49, ¶ 11.27 [ read full article here ]. ↩︎ See Jane C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023. The Court held that a musical box infringed of an author’s moral rights.

Moral Rights 59

Moral Rights Intellectual Property Editing Copyright Infringement 59

SpicyIP

AUGUST 6, 2024

December 2023 saw artists from South Africa to Europe, and Japan to the United States unite to safeguard their professional and personal identities against the misuse of AI-generated voices. India is seeing a notable rise in AI-driven scams due to freely accessible voice-generation tools.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

SpicyIP

JULY 23, 2023

Ashok Kumar conducting activities through webpage on 13 July, 2023 (Delhi High Court) The plaintiff sought a permanent injunction against the unauthorised use of its well-known mark ‘Officer’s Choice’ by the defendant. Delhi High Court grants well-known status to popular clothing brand’s mark ‘Supreme’ Chapter 4 Corp.

Trademark 98

Trademark IP Higher Education Moral Rights 98

IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 27, 2023) [link] [2] Krishika Lulla v. 20, 2023) [link] [6] Supra note [7] Akashaditya Harishchandra Lama v. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

Cinema 98

Cinema Copyright Blogging Registration 98

The IPKat

DECEMBER 12, 2023

All Words and No Performance: A Revolution in Copyright Through Performance in Sound, by Johanna Gibson Gibson begins by pointing out that the Beijing Treaty on Audiovisual Performances, which mandates moral rights for audiovisual performers, has yet to be ratified by inter alia the United States and the United Kingdom.

Intellectual Property 75

Intellectual Property Intellectual Property Law Moral Rights Editing 75

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

The IPKat

JULY 21, 2023

and virtual worlds, including in respect of IP rights. Background On 11 July 2023, the EC communicated that it had adopted a strategy on Web 4.0 The strategy includes 10 actions – the most relevant of which for IP rightsholders is Action 6, which includes developing a “toolbox to fight counterfeiting” by Q3 2023.

Moral Rights 52

Moral Rights Designs Design IP 52

LexBlog IP

AUGUST 22, 2023

2023 WL 5313521, 2d Cir. August 18, 2023) Artist Samuel Kerson painted two large murals directly onto the walls inside a building on the campus of Vermont Law School. Commissioning parties often present artists with a take-it-or-leave-it ultimatum: waive your VARA rights or forget about getting this job. Vermont Law School, Inc.

Art 52

Art Moral Rights Law Intellectual Property 52

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. The court concluded that the ROP is an intellectual property right. Covington Specialty Insurance Company v. Omega Restaurant & Bar, LLC, F.Supp.3d 2:21-cv-247 (E.D.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

LexBlog IP

FEBRUARY 21, 2024

1] Resolution 185 of 2023 In addition, protectable works are required to be original, and originality is understood to refer to the particular features of the creation, which makes them identifiable as becoming from the intellectual activity and expression of the author.

Copyright 52

Copyright Copyright Law Law Moral Rights 52

Velocity of Content

MARCH 16, 2023

If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. Please note that this is in no ways meant to be a comprehensive analysis of the lawsuits. Case 1- Doe 1 v. GitHub Inc., 3:22-cv-06823 – Whither transformative? This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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? Germany and Canada took preparatory measures to enable government use if necessary.

IP 91

IP Reporting Contracts Licensing 91

SpicyIP

AUGUST 26, 2024

Simply Life India (2023) (“Anil Kapoor”) (in paragraph 53), wherein the Court, had ruled in favour of safeguarding the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

IPilogue

MARCH 29, 2023

Though the landscape in Canada is still unclear, the US Copyright Office (“Office”) issued a clarification on March 16, 2023, about its practices for examining and registering works that contain material generated by artificial intelligence (AI) technology.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

SpicyIP

DECEMBER 20, 2023

We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

MAY 22, 2023

It grants performers economic rights as well as moral rights, giving them the ability to protect their image as well as benefit financially, which directly provides a legal framework that deals with deepfakes and performance synthetization.

Music 83

Music Intellectual Property Copyright Technology 83

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 64

Copyright Moral Rights Government Public Domain 64

The IPKat

AUGUST 15, 2023

This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Russell Brown and Sandy Linzer who allege that Lipa copied their composition 'Wiggle and Giggle All Night' (recorded by Cory Daye in 1979) and 'Don Diablo' (for which they own the rights).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

LexBlog IP

MARCH 14, 2024

On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”). [1] VARA VARA was enacted in 1990 as an amendment to the U.S.

Art 52

Art Artwork Law Moral Rights 52

IP and Legal Filings

JANUARY 22, 2024

The Statute of Anne marked the beginning of copyright protection in the United Kingdom, whereas in France, the first statute granting copyright protection was enacted after the French Revolution known as the Declaration of the Rights of the Genius in 1793, which gave authors protection for ten years (Moh. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

SEPTEMBER 8, 2024

Reviving popular artists posthumously, though nostalgic, prompts critical questions about the boundaries around consent, personality rights, moral rights, economics of the industry, and even ethics. The question is- when AI starts hitting the high notes, who holds the rights to the encore?

Personality Rights 45

Personality Rights Privacy Art Music 45

Kluwer Copyright Blog

AUGUST 26, 2024

Back in 2023, the risks of AI-displacement formed one of the core issues of the SAG-AFTRA strikes , the largest withdrawal of creative labour in Hollywood history. The policy context of the UK (where the Beijing Treaty is yet to be ratified) makes for a particularly imperative base for research.

Higher Education 84

Higher Education Marketing Marketing Contracts 84

IP and Legal Filings

FEBRUARY 20, 2024

Instead, it ruled that celebrities have the right to profit on their popularity in whatever way they want and that the right of publicity protects their financial interest in their identities. The lawsuit argued that the “Prevention and Regulation of Dark Patterns, 2023” would protect consumers against “dark patterns.”

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? vs LDD Bioscience Private Limited on 30 November, 2023 (Delhi High Court) The Delhi High Court granted an ad interim injunction to the plaintiff against the defendant’s use of “Tumotin” mark. Click to read!

Trademark 103

Trademark Fair Use Moral Rights Art 103