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. obligation under Art. 17 U.S.C. § 101 (definition of “derivative work”). ↩︎ See id.

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Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works.

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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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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.

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Related Rights Law Copyright Moral Rights 145

SpicyIP

MAY 1, 2023

AI might fall afoul of the fourth factor as well – effect of the use upon the potential market for the copyrighted work, as the output might act as a market substitute and also, the fact that non-compensation of copyright owners for training might destroy copyright owners’ licensing markets.

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IP Licensing Fair Use Moral Rights 129

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

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

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art.

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Copyright Moral Rights Copyright Infringement Marketing 105

The IPKat

NOVEMBER 14, 2021

moral rights. Is the Spanish implementation of Art. Patents To celebrate the 5th anniversary since the introduction of the Patent and Market Court in Sweden, on the EPLAW blog Erik Ficks provides an analysis of the positive impacts that the establishment of specialised courts has had. 17 CDSM compatible with EU law?

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Blogging IP Moral Rights Artwork 88

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. Their conclusion?

Law 58

Law Intellectual Property IP Brands 58

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.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? The Copyright Act, 1957- Just like the creators of any art, the creators of these digital assets are protected under the Copyright Act of 1957.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. art I, § 8, cl.

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Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

DECEMBER 26, 2022

Since 2017, the artist has produced, exhibited, and marketed busts inspired by the character of Tintin, and sculptures inspired by the rocket depicted in the albums "Destination Moon" and "Explorers on the Moon". Background The facts of this case are relatively simple.

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Law Copyright Infringement Moral Rights Copyright 95

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. is being used as code. I look forward to the creativity that will be on display. v Stability A.I.

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Litigation Fair Use Copying Derivative Work 98

The IPKat

NOVEMBER 29, 2021

Here, readers will find an explanation of both traditional valuation methods (cost method, market method and income method) and newer methods (such as the Monte Carlo method), - all based on real-life scenarios. Peter Jaszi looks at the future research on IP and the ‘old arts’ (as the author suggests naming them) in Chapter 43.

Intellectual Property 74

Intellectual Property IP Moral Rights Law 74

Kluwer Copyright Blog

SEPTEMBER 1, 2021

court about 20 years ago by Art Rogers, a professional photographer. Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout. The parody defence.

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Derivative Work Copyright Law Copyright Law 111

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. One example would be the use of a song for a right-wing political campaign.

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Copyright Law Copyright Law Music 64

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.

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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.

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Trademark IP Higher Education Moral Rights 98

Garrigues Blog

JUNE 29, 2023

Although things are not so clear where it is cultural expressions of indigenous peoples that are being used, a trend that has been seen across all fashion houses, from great luxury to fast fashion , all looking for inspiration in traditional arts and crafts of other cultures to create new westernized collections.

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Kluwer Copyright Blog

DECEMBER 20, 2022

Namely, according to Article 87(1) of the Italian Copyright Act, “the images of persons, or of aspects, elements or events of natural or social life, obtained by photographic or analogous processes, including reproductions of works of figurative art and stills of cinematographic film” are protected by a related right.

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Copyright Related Rights Artistic Work Public Domain 59

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. DSA institutionalized trusted flaggers in Art.

Art 45

Art Copyright Settlement Privacy 45

Kluwer Copyright Blog

OCTOBER 17, 2022

A partial harmonisation of rules belonging to this third category has taken place at the EU level, most notably by Articles 18 through 23 Copyright in the Digital Single Market (CDSM) Directive. Sections 32-36d and 40a-41 German Copyright Act ). It is thus highly unlikely to have a palpable impact on the substantive position of artists.

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Contracts Law Copyright Moral Rights 52

IPilogue

JANUARY 20, 2022

Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. New York art attorney Amelia K. Museums in France can claim perpetual moral rights of an author’s work. and the U.S.

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Marketing Marketing Public Domain Moral Rights 111

Kluwer Copyright Blog

APRIL 2, 2025

It distinguished between economic rights (which are assignable) and moral rights (which are not assignable). Because economic rights can be assigned, copyright has a value realisable in money. It addressed these questions as follows. First , the Court confirmed copyright is personal property.

Copyright 52

Copyright Moral Rights Artwork Licensing 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. Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. Can artificial intelligence (AI) create things?

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Copyright Moral Rights IP Privacy 98

Kluwer Copyright Blog

AUGUST 26, 2024

Whether AI will ever fully achieve this goal in a cost-effective manner, or if the market will embrace this development, is yet to be determined – but the immediate threat to the performing arts is clear. However, this reality is not necessarily an inevitable one (hence our article’s tag of ‘ re-thinking’ performers’ rights).

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Higher Education Marketing Marketing Contracts 84

Intepat

OCTOBER 7, 2022

Intellectual property rights have a vast unmet potential to turn original ideas into profitable businesses in the modern day. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property. d) Taking legal action when an artist’s IPRs or moral rights are violated.

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Intellectual Property Designs Design Artwork 59

43(B)log

AUGUST 11, 2021

Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. Market pricing model focuses on measuring contributions and shapes other relationships.

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Ownership Moral Rights Copyright Publishing 45

43(B)log

FEBRUARY 4, 2023

Prince’s large, one of a kind originals didn’t usurp Cariou’s market. That should constrain use and licensing of the works if market separation into strata by value matters. effect on the market. How should we consider users’ commercial benefit (using art on sweatshirts) versus intermediaries’? Rosen: Moral rights? [he

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Fair Use Derivative Work Copying Marketing 59

Kluwer Copyright Blog

MARCH 28, 2022

The volumes, which also contained 24.000 reduced-size reproductions of all of Schifano’s works, were sent for free to several art galleries, auction houses and public institutions. Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. For a number of reasons (e.g.

Copyright 52

Copyright Art Law Moral Rights 52

Intepat

OCTOBER 7, 2022

Intellectual property rights have a vast unmet potential to turn original ideas into profitable businesses in the modern day. Easing the Marketing Process: Developing brand awareness for your company requires the use of the intellectual property. One should register their art Under copyright.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

AUGUST 31, 2022

Why the CJEU decision in Deckmyn is broader than parody”(2015) 52(2) Common Market Review 511, 518 (2015)]. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). Eleonora Rosati, “Just a laughing matter?

Fair Use 52

Fair Use Trademark Moral Rights Law 52

SpicyIP

DECEMBER 30, 2023

The Court also held that the rejection order’s finding on lack of novelty and inventive step was not accurate and rather the controller had adopted a hindsight view of the prior art and failed to establish how the prior art documents made the invention non-novel. Meticulous Market Research Pvt. Acko General Insurance.

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IP Copyright Trademark Intellectual Property 124