The IPKat

JANUARY 23, 2024

And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and Copyright Law, by Enrico Bonadio and Chen Zhu. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

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. 13 Other arguments to limit the reach of the right exist. obligation under Art.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). It also once again confirms the strong protection of moral rights in Ukrainian copyright law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 64

Copyright Law Copyright Law Music 64

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.

Moral Rights 72

Moral Rights Copyright Music Art 72

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 ]. In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art. Second, Art.

IP 85

IP Art Moral Rights Registration 85

The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage.

Artwork 110

Artwork Public Domain Moral Rights Art 110

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Another important question is raised in this chapter.

Art 59

Art Copyright Moral Rights Cease and Desist 59

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The post Is The ‘Art’ Of Food Plating Copyrightable appeared first on Intepat IP.

Art 52

Art Copyright Artistic Work Moral Rights 52

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. to get the status of an author/joint author or any status to properly acknowledge its contribution.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Olartemoure Blog

JULY 17, 2024

National Tattoo Day is a perfect occasion to celebrate the art of tattooing, an ancient practice that has evolved into a mainstream cultural phenomenon. Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

Social Media 52

Social Media Art Fair Use Moral Rights 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. A lot of artists are now experimenting with digital art.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. What lessons, if any, should the Egyptian copyright legislator retain from the CJEU’s last words on the liability regime of the ECD? 147 ECL) and moral rights (art.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

SpicyIP

MAY 1, 2023

Practically, it might not be so difficult to secure licenses from stock photography websites for images such as Getty Images (and other stock photography websites), which has in the past licensed content from its platform to an AI art generator. There can be separate databases for images, videos, information/data, etc.

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

Intellectual Property 104

Intellectual Property Music Art IP 104

LexBlog IP

FEBRUARY 21, 2024

In a recent decision [1] , the Colombian copyright agency took these elements into account when rejecting registration of three (3) works of art, consisting of images that were generated by “Artificial Intelligence derived from prompts in Midjourney.”

Copyright 52

Copyright Copyright Law Law Moral Rights 52

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 40

Designs Design Copyright Artistic Work 40

The IPKat

MAY 9, 2023

Statutory copyright protection remains unaffected. […] § 13. Copyright (1) The architect retains all rights to which he is entitled under copyright law, unless they have been transferred to the client in accordance with the content of this contract or on the basis of [any additional] agreement.

Copyright 52

Copyright Moral Rights Contracts Art 52

The IPKat

NOVEMBER 29, 2021

After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. Peter Jaszi looks at the future research on IP and the ‘old arts’ (as the author suggests naming them) in Chapter 43. In Chapter 44, Caroline B.

Intellectual Property 75

Intellectual Property IP Moral Rights Law 75

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. art I, § 8, cl. 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

AUGUST 9, 2024

Group III: Others, like China’s 3d amendment to Chinese copyright law. Other circumstances as provided by laws and administrative regulations”—allowed limitations and exceptions. Authors’ rights are designed to protect that intellectual and emotional bond. Strong emphasis on moral rights in continental Europe.

Fair Use 59

Fair Use Moral Rights Law IP 59

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. By contrast, the author of a simple photograph is not granted any moral right. Photographs of mere documentation.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

IIPRD

JUNE 13, 2024

Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition. References [1] Convention Establishing the World Intellectual Property Organization art.2.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. These rights are transferrable for financial benefits.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? EU has been first mover on some things and not others (Art. Very sticky.

Art 45

Art Copyright Settlement Privacy 45

Kluwer Copyright Blog

APRIL 2, 2025

The Supreme Court decision While the High Court and Court of Appeal had ruled in Mr Palmers favour, the Supreme Court considered two issues on appeal: (a) whether the copyright in her artworks be part of the relationship property division; and (b) how the artwork and underlying copyright should be valued. Toriqul Islam 135

Copyright 52

Copyright Moral Rights Artwork Licensing 52

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. Germany has always had an extensive judicial practice in copyright law. 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

NOVEMBER 1, 2022

AI has created movies such as Sunspring 2016, written novels like The Day a Computer Writes a Novel, and made art in the form of The Next Rembrandt. And, as Aviv Gaon points out in The Future of Copyright in the Age of Artificial Intelligence : AI-authored writing may look like any other human text, but it has no ‘soul’. Arguably not.

Copyright 98

Copyright Moral Rights IP Privacy 98

The IPKat

SEPTEMBER 30, 2022

In particular stated that new Art. 17 on sharing platforms offered a somewhat unorthodox view, because it seems to break a taboo considering that the issue of providers, at international level, was so far discussed through a mere note to Art. In particular stated that new Art. b) users, in particular given that Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91