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 all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Moral Rights Copyright Music Art 72

The IPKat

JANUARY 24, 2023

Nevertheless, the list of protectable subject matter was amended too to expressly include works of artistic blacksmithing as an example of works of applied art, fonts as an example of works of fine art, light and music shows, circus shows, theatrical productions and landscape creations. No moral rights apply to CGOs.

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

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

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Intellectual Property Designs Design Artwork 59

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. However, as food becomes more widely recognised as a work of art, chefs and restaurants may become more aggressive in their use of intellectual property laws to preserve the creative presentation of their cuisine.

Art 52

Art Copyright Artistic Work Moral Rights 52

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 Brands 59

The IPKat

SEPTEMBER 30, 2024

In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art. One of the Law’s main “features” is the introduction of a sui generis right for non-original computer-generated subject-matter. 12), but does not include moral rights. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

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

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. The case serves as the springboard for a discussion on whether owning both rights may put the rightsholder at risk. Sundara Rajan devotes Chapter 11 to the overlap between moral and economic rights of authors.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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

OCTOBER 21, 2023

This lamp was registered as an international design on 28 January 1991 [ here ]. Carlo Rampazzi, an interior designer, placed numerous orders for the “Lyre” lamp in various sizes between 1995 and 2006, in particular to decorate the Eden Roc Hotel in Ascona, Switzerland. The interior designer then appealed. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Design 40

Design Designs Copyright Artistic Work 40

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] In either case, the art has not been ‘destroyed.’”

Art 52

Art Artwork Law Moral Rights 52

IP Whiteboard

AUGUST 30, 2020

The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands. What about moral rights? What about moral rights? Does copyright exist in tattoos?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

DECEMBER 26, 2022

The court also recalled the difference between originality and novelty as understood under design law and the non-relevance of prior art in copyright cases. Indeed, design law and copyright pursue neither the same objectives, nor are they subject to the same conditions of protection.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

SEPTEMBER 30, 2022

The broadening of the copyright has started with software, proceeded on with databases, and perhaps (she said in relation to the recent case law of the CJEU mentioned in the previous post) industrial design. In particular stated that new Art. b) users, in particular given that Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. The concept of copyright is twofold since it covers both economic and moral rights.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

NOVEMBER 29, 2021

After introducing the areas, where the economics of patents is especially relevant (among them, the design of patent systems or the patent examination process), the author provides readers with a through literature review. Peter Jaszi looks at the future research on IP and the ‘old arts’ (as the author suggests naming them) in Chapter 43.

Intellectual Property 75

Intellectual Property IP Moral Rights Law 75

The IPKat

MAY 9, 2023

The plaintiff’s suggested design was approved by the defendant as well as by the local authorities of the city where the mosque was to be constructed. 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.

Copyright 52

Copyright Moral Rights Contracts Art 52

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents.

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Publishing Art Contracts Artwork 85

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

43(B)log

FEBRUARY 19, 2022

(c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. Rests on natural moral right to enjoy products of own exertion and no interference with anyone’s right to do likewise.

Copyright 59

Copyright Moral Rights Artwork Art 59

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e.,

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? A: family supplies raw material for work of art.

Ownership 80

Ownership Moral Rights Copyright Brands 80

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. Our clothes and our accessories are tied to our own history and heritage.

Intellectual Property 59

Intellectual Property Moral Rights Design Designs 59

43(B)log

AUGUST 9, 2024

2014: ECJ said that the court didn’t need to designate technical measures—could order an outcome prohibition; transmission entities have to effectively achieve site-blocking. 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

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things. 21-2347 (Fed.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

AUGUST 30, 2023

He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

MARCH 13, 2023

Before the adoption of the CDSMD, an optional exception for caricature, parody and pastiche was provided for in Art. The justification of section 51a UrhG even includes an open list of areas of application, covering remixes, memes, GIFs, mashups, fan art, fan fiction and sampling, among others. 5 (3) (k) InfoSoc Directive.

Copyright Law 64

Copyright Law Copyright Law Music 64

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

APRIL 7, 2023

EU has been first mover on some things and not others (Art. A service provider decides what it must do under 512 and the DSA/Art. DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. DSA institutionalized trusted flaggers in Art.

Art 45

Art Copyright Settlement Privacy 45

The IPKat

JANUARY 25, 2025

4) The use of artificial intelligence systems and models in the reproduction, extraction and creation of textual, musical, photographic, audiovisual and radio content and figurative arts must not cause harm to the honor, reputation, decorum and prestige of the Supreme Pontiff, the Catholic Church and the Vatican City State. CXCVII, Sept.

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Ownership Copyright Music Moral Rights 140