SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. 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.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated.

Art 105

Art Moral Rights Artwork Editing 105

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. The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. Ramkumar Jewellers [6] , the court seems to have utilised Section 17(b).

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

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. Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52