Garrigues Blog

NOVEMBER 28, 2023

Article 92.1 of the Copyright Law ( LPI ) provides that it is the director — as co-author of the audiovisual work ex article 87 LPI—, and the producer, who have the final say on an audiovisual work, all in accordance with the agreement reached between both parties. Article 92.1

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

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Copyright Infringement Music Moral Rights Copyright 52

IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. However, re-sale rights exist as an exception to this rule.

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Artwork Intellectual Property Journalism Copyright 98

IP and Legal Filings

JUNE 29, 2024

However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

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Intellectual Property Moral Rights Registration Editing 64

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The dilemma is whether a chef’s aesthetic plating of a dish (who is also the original creator) may be protected under intellectual property rights.

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Art Copyright Artistic Work Moral Rights 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well. Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well. Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

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. Further, derivative uses of copyrights do not threaten copyright enforceability or longevity.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. ” The composer of a musical composition is the exclusive owner of the work’s copyright.

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Music Copyright Copyright Infringement Moral Rights 80

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (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.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

OCTOBER 11, 2022

The personality of a person is the medium through which he or she is identified and recognized in society and protecting their personality is a way of shielding their private property which is in the form of intellectual property. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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

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. Overview of the Egyptian Copyright Law. 147 ECL) and moral rights (art.

Copyright 102

Copyright Moral Rights Copyright Infringement Marketing 102

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works.

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Copyright Art Moral Rights Law 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. While the Constitution does not explicitly mention personality rights, In the case of Judge K.S.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Guidelines regulate ownership, transfer/ commercialization of intellectual properties from DBT-funded (extra-mural and intra-mural) institutions.

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IP Copyright Trademark Intellectual Property 124

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

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Copyright Moral Rights Intellectual Property Intellectual Property Law 93