Kluwer Copyright Blog

DECEMBER 18, 2022

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 105

Moral Rights Publishing Licensing Copyright 105

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

The IPKat

MARCH 25, 2025

Notably, Arnold LJ provides valuable insights into the fate of works of artistic craftmanship in post-Brexit UK, followed by chapters evaluating the works of applied art regime in EU Member States in the post-Cofemel era (focusing on Italy and Portugal), a topic which is a personal favorite of the reviewer.

Law 59

Law Intellectual Property IP Branding 59

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. The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 69

Moral Rights Intellectual Property Editing Inventor 69

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. 7] We can expect a huge change in such manner right away.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Kashishipr

AUGUST 31, 2022

The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights. It involves their exclusive right to control and make copies of their creative works. Final Thoughts.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. There, the issue was the authenticity of a work of art in an age of mechanical reproduction. Picture on top right by Arun Gopi and is licensed under the Creative Commons Attribution-Share Alike 4.0

Moral Rights 64

Moral Rights Editing Publishing Licensing 64

43(B)log

AUGUST 11, 2021

Twain called it “a curiously strong piece of literary work to come unpremeditated from lips untrained in the literary art.” The court understood that what the author meant to do was to give the publisher an implied license to use/distribute work; given the risk of forfeiture, they had to frame these facts as an issue of assignment.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Velocity of Content

MARCH 16, 2023

If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world. As a lawyer by training, I am interested in the art of lawyering. 3:22-cv-06823 – Whither transformative? This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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?” Artistic use is not generally considered a commercial purpose, even if the artist is making money from it, such as if the works are on sale at an art gallery.

Publishing 85

Publishing Art Contracts Artwork 85

JIPL Online

APRIL 9, 2021

Although the user derives some benefit from the meme without purchasing or licensing the underlying content, the creator of the content also uniquely benefits from the increased exposure to individuals who may not otherwise interact with their content. xx] When compounded, the search and takedown time can cost thousands for just a few memes.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

APRIL 30, 2024

What role might CCC play in licensing for AI applications? Since our founding, we’ve been putting users and rightsholders together, so people can find good ways to license the works that they need. We offer various licensing models. We have a collective, or blanket, license covering thousands of publishers and millions of items.

Licensing 52

Licensing Social Media Copyright Publishing 52

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 Fair Use Art Derivative Work 52

43(B)log

AUGUST 9, 2024

We’re in a very different place: now Google can do no right on Capitol Hill. Marketa Trimble: Under Nevada law, have to comply with other countries’ laws to be licensed for online gambling in Nevada. Authors’ rights are designed to protect that intellectual and emotional bond. Balance of power has changed.

Fair Use 59

Fair Use Moral Rights Law IP 59

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. The plaintiff claimed that he alone decided the composition of these products and that this was known to the third defendant.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 4, 2023

If you see fair use as a statutory license to use the old work under conditions that justify the use, then some of those conditions are about use of copy. That should constrain use and licensing of the works if market separation into strata by value matters. Licensed for use in magazines and don’t care; still fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

Kluwer Copyright Blog

OCTOBER 17, 2022

A contrary conclusion may only be reached in case of an applicable law that accepts a brazen disregard for moral rights and/or an elimination of artists’ freedom to create, but only in fact-specific situations that border on the extreme. It is thus highly unlikely to have a palpable impact on the substantive position of artists.

Contracts 52

Contracts Law Copyright Moral Rights 52

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. First, economic rights, which allow the owner of rights to derive a financial reward from the use of his works by others. These rights are transferrable for financial benefits.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

The IPKat

DECEMBER 5, 2021

our art tells a story and our stories should be heard the way we intend them to be. Also, is there a connection between this story and a possible infringement of the author's moral rights? Spotify subsequently disabled the shuffle button on all albums accessed through the music streaming platform. If so, to what extent?

Moral Rights 143

Moral Rights Music Television Copyright 143