Kluwer Copyright Blog

JUNE 18, 2021

The exclusive right of performers to make their works available to the public becomes the cornerstone of BTAP as the first international text to establish this provision in the digital environment (encompassing films, videos, television programmes, etc.). Key aspects of the Beijing treaty. by Tito Rendas. € by Martin Senftleben. €

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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

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.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here , here , here , here. Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context?

IP 129

IP Licensing Fair Use Moral Rights 129

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Along with the economic rights granted by copyright, the copyright holder also has moral rights. India is a signatory to the Berne Convention, and Article 6bis of that Convention protects moral rights, commonly known as the paternity rights of the author or creator of the copyrighted works.

Music 52

Music Moral Rights Copyright Infringement Television 52

SpicyIP

AUGUST 6, 2024

In the US, a voice isn’t explicitly protected under copyright law, but there are potential protections under the right of publicity, which is enforced through state laws related to the appropriation of likeness, name, and voice. Legal precedents like Midler v.

Personality Rights 110

Personality Rights Moral Rights Technology Copying 110

The IP Law Blog

AUGUST 5, 2021

In other words, there is no specific aspect of patent law, unlike copyright law involving the requirement for a human author or the existence of moral rights, that would drive a construction of the Act as excluding non-human inventors.

Invention 98

Invention Inventor Patent Moral Rights 98

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. His previous posts on the blog can be accessed here and here. Becket , thus confirming the English line of descent for American copyright law. Views expressed are those of the author’s.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. This blog explored the complex legal complexities surrounding the protection of movie titles and questioned the fundamental purpose of copyright in a field where language and innovation coexist.

Cinema 98

Cinema Copyright Blogging Registration 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

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

In our previous blogs, we have discussed the need for protection of Traditional Cultural Expressions (TCE) as well as the formulation of policies and institutions for the same. Copyright Law. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. India’s approach.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

In our previous blogs, we have discussed the need for protection of Traditional Cultural Expressions (TCE) as well as the formulation of policies and institutions for the same. Copyright Law. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. India’s approach.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 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

SEPTEMBER 30, 2022

Marco Spolidoro gave a lecture on the very topical subject of NFTs (which this blog recently covered here ). 8 of WIPO Copyright Treaty , stating that providing 'physical facilities' did not amount to communication to the public. In particular stated that new Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. 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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Garrigues Blog

NOVEMBER 28, 2023

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. apareció primero en Intellectual and Industrial Property Blog - Garrigues.

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

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

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

DECEMBER 20, 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. By contrast, the author of a simple photograph is not granted any moral right.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action.

Copyright 52

Copyright Art Moral Rights 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 case was discussed on the blog here. These have been covered here , here and here on the blog.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Attribution for artists under s.

Fair Use 135

Fair Use Copyright Moral Rights Copyright Law 135

IPilogue

NOVEMBER 30, 2021

Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. What about copyright infringement? Old Laws Protect New Trends.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

IPilogue

NOVEMBER 30, 2022

After explaining the jarring experience, Dean Zemer posited that “Copyrighted expressions within the ghettos and concentration camps have no parallel example in human history. Copyright law protects and should continue to protect communicative and dialogical spaces. As such, these works deserve sui generis protection.

Art 105

Art Copyright Moral Rights Fair Use 105

IPilogue

MARCH 29, 2023

The Office provided an example where a user instructs an AI tool to “write a poem about copyright law in the style of William Shakespeare”. Given that the user contributes little to no expressive elements to the AI-generated output, the output is not a product of human authorship or protected under the US Copyright Act.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 58

Copyright Law Copyright Law Music 58

IP and Legal Filings

FEBRUARY 20, 2024

In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right.

Personality Rights 83

Personality Rights Privacy Social Media Copyright 83

IPilogue

MARCH 29, 2023

The Office provided an example where a user instructs an AI tool to “write a poem about copyright law in the style of William Shakespeare”. Given that the user contributes little to no expressive elements to the AI-generated output, the output is not a product of human authorship or protected under the US Copyright Act.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

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?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94