IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. Recent Case Law on Pseudonymous and Anonymous Works S. Ajay Kumar Goswami v.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work. The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’).

Music 98

Music Copyright Copyright Infringement Moral Rights 98

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. an article made with artistic skill. For instance, one can get the Copyright to a unique print they make for a piece of clothing. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

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.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

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 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. an article made with artistic skill. For instance, one can get the copyright to a unique print they make for a piece of clothing. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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. What is the practice in the Spanish audiovisual industry?

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

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 quick analysis reveals that copyrighting food plating is a reasonable option, given the conditions for obtaining copyright under Indian law.

Art 52

Art Copyright Artistic Work Moral Rights 52

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. 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. Cites Henry George.

Copyright 59

Copyright Moral Rights Artwork Art 59

Intepat

OCTOBER 16, 2024

As innovation transcends borders, the need for cohesive legal frameworks to protect IP rights internationally has grown significantly. International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws.

IP 52

IP Law Intellectual Property Trademark 52

IIPRD

JUNE 13, 2024

According to the WIPO convention of 1967, IPR is defined in Article 2(viii) [1]. Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The IPKat

FEBRUARY 12, 2024

Here's what Seun says: Copyright as Movable Property: Constitutional Issues with Nigeria’s Copyright Act 2022 by Seun Lari-Williams Section 30 (1) of Nigeria’s new Copyright Act explicitly deems copyright as movable property "for the purpose of Chapter 4 of the Constitution". copyright law.

Copyright 64

Copyright Moral Rights Government Public Domain 64

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. After Berne Convention, TRIPS Agreement, 1994, adopted by WTO was the second major international treaty, dealing with the copyright protection.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

OCTOBER 11, 2022

Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

Kluwer Copyright Blog

FEBRUARY 28, 2024

As such, it was permissible under United States copyright law. Since there was no appreciable harm to the copyright owners, according to the Court – quite the contrary –it was clearly acceptable under the terms of United States copyright law. copyright law.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

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. Crown Craft has clarified that the Designs Act protects the application of ideas to articles and not ideas in abstract themselves.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

JUNE 18, 2021

The BTAP offers a solution in its controversial Article 12, which enables, but does not require, participating States to introduce a presumption of assignment in favour of the producer, unless otherwise agreed, from the moment the artist agrees to the fixation of his performance in an audiovisual recording. Key aspects of the Beijing treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 1 Another key right is the creation of derivative works, which includes adaptations or translations.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright 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. Overview of the Egyptian Copyright Law. 147 ECL) and moral rights (art.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

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

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). The current law with its definition of a work makes the requirement of the objective form explicit.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

The IPKat

FEBRUARY 20, 2023

Consequently, according to Law 22.04.1941 No. 633 , copyright protection is granted to all creative intellectual works, irrespective of the manner in which they are expressed (Article 1). A few days have passed since the initial reaction from the Instagram account Cicatrici Nere, on which the issue was brought up.

Art 98

Art Music Artwork Social Media 98

The IPKat

MARCH 22, 2024

Here’s what Caroline writes: Navigating the high notes: Taylor Swift's copyright dispute by Caroline Theunis Cardigan , IPKat-style Rumor suggests that Taylor Swift is gearing up to re-release her album “Reputation”. This would make herself a right holder to her music again, in control over where and how it was being used.

Moral Rights 72

Moral Rights Copyright Music Art 72

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.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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 59

Copyright Related Rights Artistic Work Public Domain 59

IP and Legal Filings

FEBRUARY 20, 2024

While the Constitution does not explicitly mention personality rights, In the case of Judge K.S. Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. In order to do this, the law is changing to stop the unrestricted use of the right. Puttaswamy v.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

The IPKat

SEPTEMBER 16, 2024

Ana Lazarova discusses the varied regulations among EU member states concerning neighboring rights and the implications for implementing the new press publishers' right under Article 15 of the DSMD. Legeza’s analysis provides interesting insights relevant to the revocation right under Article 22 of the DSMD.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

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.

Copyright 52

Copyright Art Moral Rights Law 52

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