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). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. Image from the order.

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Moral Rights Fair Use Art Artistic Work 49

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. If an image is attached to an NFT, does that mean I own the copyright for that image?

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

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Copyright Public Domain Art Moral Rights 105

The IPKat

FEBRUARY 20, 2023

Underneath the photo, Claire Fontaine, an artistic duo that specialises in “ready-mades” (the wording the duo uses to describe the art term “ found objects ”), was acknowledged as the author of the photograph. However, the main message behind the words on the Dior dress was inspired by the words of the piece of street art.

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The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. In turn, all this means that moral rights protection does vary significantly from country to country.

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Artwork Moral Rights Art Litigation 94

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. 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.

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Moral Rights Copyright Music Art 72

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). Overview of the Egyptian Copyright Law.

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Copyright Moral Rights Copyright Infringement Marketing 105

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. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

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.

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Derivative Work Editing Copyright Music 137

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

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Art Copyright Moral Rights Cease and Desist 59

Kluwer Copyright Blog

DECEMBER 18, 2022

Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. A more problematic gold-plating transposition is the provision of Art.

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Moral Rights Publishing Licensing Copyright 105

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. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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. Copyright protection will be available if the presentation is unique.

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Art Copyright Artistic Work Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. A systematic study on the copyright of children is yet to be attempted. A systematic study on the copyright of children is yet to be attempted. Copyright paradigms and creative practices. 1197 and C?683/17

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Copyright Intellectual Property Moral Rights Ownership 95

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 111

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. Not all Canadian galleries oppose ARRs.

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Art Moral Rights Artwork Editing 105

The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. First, because the Italian transposition of Article 14 – that is: Article 32-quater of the Italian Copyright Act – is expressly without prejudice to the application of the CHC. It features reproductions of paintings by classic masters, including Botticelli’s.

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Artwork Public Domain Moral Rights Art 110

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The second factor – nature of the copyrighted work (i.e.

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IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

JUNE 15, 2023

In the case at hand there was a conflict due to the use of a work of art in the famous Spanish television programme “El Hormiguero” without the corresponding authorisation of the author. The work was used in a humorous section of the programme in the context of the apartment of a dirty and untidy person.

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Moral Rights Television Copyright Intellectual Property 59

The IPKat

SEPTEMBER 30, 2024

The Ukrainian IP Office recently announced that it has registered several works that, in addition to copyrightable content, also included artificial intelligence (AI) generated images protected under the new Ukrainian sui generis right for computer-generated subject-matter. 12), but does not include moral rights.

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IP Art Moral Rights Registration 85

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.

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Intellectual Property Art Artwork Moral Rights 52

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

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Ownership Moral Rights Public Domain Intellectual Property 90

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

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Moral Rights Copyright Artistic Work Artwork 52

The IPKat

NOVEMBER 14, 2021

Copyright A Kat walking and enjoying its freedom. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.

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Blogging IP Moral Rights Artwork 89

The IPKat

FEBRUARY 20, 2024

Speaking of artificial intelligence, Katfriend Anna Pokrovskaya shared some of her research on the current debates in the US and the EU about whether AI can be considered a person having ordinary skill in the art when assessing patentability. patents and trade marks) and the protection of traditional knowledge.

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Moral Rights Intellectual Property Editing Inventor 69

The IPKat

NOVEMBER 4, 2022

Ramalho’s structure is simple and clear, two main parts, in two chapters – the first covering AI and copyright, and the second AI and patents – with one agenda, are AI-generated creations protectable? She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

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Intellectual Property Moral Rights Invention Copyright 93

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

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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.

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Intellectual Property Music Art IP 104

The IPKat

MARCH 25, 2025

Remarkably, AG Szpunar also delivered the Opinion in Cofemel ( C-683/17 ), playing a crucial role in shaping the Courts approach to copyright protection for fashion designs. By doing so, it reinforces the notion that fashion is not only an art form, but also one of the most lucrative industries worldwide.

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Law Intellectual Property IP Branding 59

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. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

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Moral Rights Copyright Intellectual Property Licensing 52

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.

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Intellectual Property Moral Rights Art Branding 52

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

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Moral Rights Cease and Desist Copyright Infringement Copyright 86

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. VARA is part of U.S.

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Social Media Art Fair Use Moral Rights 52

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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Intellectual Property Art Artwork Intellectual Property Law 52