Kluwer Copyright Blog

FEBRUARY 28, 2024

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. As such, it was permissible under United States copyright law. copyright law. Indeed, it has been called “the most troublesome in the whole law of copyright.”

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Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

OCTOBER 11, 2022

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).

Artwork 110

Artwork Public Domain Moral Rights Art 110

Sander Law

AUGUST 24, 2020

When hiring an independent contractor to design your logos, artwork and take photographs, it is important to think about who actually owns the copyright in the resulting work. Moral Rights. Although the initial creator of the work can assign their copyright to another entity, they cannot assign the associated Moral Rights.

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Ownership Moral Rights Copyright Artwork 59

The IPKat

NOVEMBER 14, 2021

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. 17 CDSM compatible with EU law? Is the Spanish implementation of Art.

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Blogging IP Moral Rights Artwork 88

The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February. Consequently, according to Law 22.04.1941 No.

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Art Music Artwork Social Media 98

IPilogue

OCTOBER 7, 2022

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Under current Canadian law, artists such as sculptors and painters receive no profits from their works’ resale. The study also found that the market continued to grow after the implementation of the resale right in 2006.

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Art Moral Rights Artwork Editing 105

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 77

Moral Rights Artwork Fair Use Copyright 77

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Right: Photo courtesy of Katie Hagebols retrieved from [link]. What about moral rights?

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Moral Rights Copyright Artistic Work Artwork 52

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. These advantages can be made profitable for the owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

LexBlog IP

MARCH 14, 2024

On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”). [1] VARA VARA was enacted in 1990 as an amendment to the U.S.

Art 52

Art Artwork Law Moral Rights 52

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. Copyright law protects just the expression, not the idea itself.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. How can this be considered an original artwork and who is the author? One case to watch is going all the way to the Supreme Court, Goldsmith v. – Michael Pham

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Art Law Journal

AUGUST 18, 2022

For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents. Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona.

Publishing 85

Publishing Art Contracts Artwork 85

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book. It emerges that brands should pay for the use of street artworks. The same is for moral rights.

Art 58

Art Copyright Moral Rights Cease and Desist 58

IIPRD

JANUARY 29, 2023

Legal Pitfalls in Virtual World The character design used by a content creator can be designed by an artist, and rights can be transferred from the artist to the creator. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. In such cases, the property owner’s rights may take precedence. Laws can also vary by jurisdiction. ” Canilao v.

Social Media 52

Social Media Art Fair Use Moral Rights 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 40

Designs Design Copyright Artistic Work 40

Kluwer Copyright Blog

APRIL 2, 2025

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. Toriqul Islam 135

Copyright 52

Copyright Moral Rights Artwork Licensing 52

IIPRD

MARCH 1, 2023

Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. However, re-sale rights exist as an exception to this rule. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

IPilogue

DECEMBER 1, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. However, a problem arises in that moral rights are tied to economic rights and not perpetual.

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Moral Rights Ownership Artwork Government 64

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. Further, the Copyright protects the following types of original artwork. This means protecting significant rights to their original works. Industrial Design. Reach Us.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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. 102(b) doesn’t change the law but merely clarifies it, restating the basic idea/expression dichotomy, but that’s not about facts. Natural or moral right to own fruit of labors.

Copyright 59

Copyright Moral Rights Artwork Art 59

Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IPilogue

NOVEMBER 30, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Photo by Buda Photography.

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Art Copyright Moral Rights Fair Use 105