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Around the IP Blogs

The IPKat

Come with this Kat for a stroll around this week’s posts from IP blogs. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.

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Alalääkkölä v Palmer: New Zealand Supreme Court confirms copyright is relationship property

Kluwer Copyright Blog

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. It addressed these questions as follows.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Mango, in turn, sustained in its defence that (i) as the rightful owner of the physical Paintings, it was entitled to display them in public, and that (ii) the creation of digital works (i.e. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

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Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

Intepat

Section 57: This section emphasizes moral rights, which allow authors to protect the integrity of their works, regardless of whether they are pseudonymous or anonymous. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist.

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Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

The IPKat

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

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Playing Darts with a Rembrandt

The Art Law Blog

We only protect works for the life of the artist, with a few minor exceptions, but that’s basically the rule under the Visual Artists Rights Act.' "In In France, droits moraux, or 'moral rights,' would typically protect an artwork from such an act.

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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. Fair Use Precedent?

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