Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. Production Contracts – After the director, producer, and script are ready, three categories come into play.

Privacy 86

Privacy Law Intellectual Property Music 86

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

Artwork 68

Artwork Copying Contracts Copyright 68

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright. 2) Tensions between the advanced and developing worlds. (3)

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP Whiteboard

JULY 19, 2020

The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. What was copyrighted? What brought about the dispute?

Copyright 52

Copyright Law Government Public Domain 52

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical. Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. India, Paris Convention and TRIPS.” ‘ Economic and Political Weekly’ 33, no. 5] Alikhan, Shahid.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Intepat

MAY 17, 2024

The notices underscored key aspects of Section 2(d)(iii) and 2(d)(vi) of the Copyright Act of 1957, which stipulate that an ‘author’ should be an artist or an individual involved in facilitating the creation of artistic work. Contracts should clearly state who owns the rights to the prompts.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 6] Stuart D. Levi & Alex B. 10] Nichols v Universal Pictures Co, 45 F.2d

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Copyright arises on the date the original work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

AUGUST 12, 2024

The International Intellectual Property Rights Conventions, such as the Paris Convention for the Protection of Industrial Property, (1883), and the Berne Convention for the Protection of Literary & Artistic Works (1886) facilitate cooperation among the nations, promote innovation, and protect creators’ rights globally.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

Technology & Marketing Law Blog

JUNE 20, 2023

As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. at 563) On Factor 2, although “[t]he law generally recognizes a greater need to disseminate factual works than works of fiction or fantasy” ( id. 1600 (1982). 4th at 50.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. Question: is a political newsletter really artistic? Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94