SpicyIP

JULY 9, 2021

In addition to copyright infringement, the plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. In this post, I will explore the different considerations that the court might look into in reaching its decision about the above rights. The Right to Integrity. Rajagopal v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

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Art Artwork Copying Moral Rights 134

The IPKat

MARCH 25, 2025

This book review has been prepared by Spyros Sipetas , PhD candidate at the Stockholm University. The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Eleonora Rosati and Irene Calboli, 2025, OUP).

Law 59

Law Intellectual Property IP Branding 59

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

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Inventor Invention Patent Ownership 140

The IPKat

MARCH 18, 2023

Kat approved This book is aimed at those who are new to the subject of intellectual property. The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice."

Intellectual Property 80

Intellectual Property Moral Rights Database Right Editing 80

The IPKat

NOVEMBER 4, 2022

She also highlights areas in need of further investigation, such as ownership and moral rights. An important pattern that cuts across patent and copyright emerges: the creation of new rights as an option for protection of new realities remains always a possibility, but it is not something that should be taken lightly.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Kluwer Copyright Blog

FEBRUARY 28, 2024

Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. In this regard, an important precedent lies in the history of US litigation involving Google Books. Fair Use Precedent? copyright law.

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Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

DECEMBER 12, 2023

This is a book review of Reforming Intellectual Property , edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome. What Single Reform?

Intellectual Property 75

Intellectual Property Intellectual Property Law Moral Rights Editing 75

The IPKat

NOVEMBER 29, 2021

After discussing traditional legal methods in Parts I and II, the second half of the book introduces readers to empirical research methods. Marco and Saurabh Vishnubhakat study survival analysis in IP research in Chapter 33 of the book. Christine Haight Farley follows in Chapter 49, with a research framework on IP and morality.

Intellectual Property 75

Intellectual Property IP Moral Rights Law 75

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Giulia Dore emphasizes the differing treatments of moral rights between civil law and common law countries, cautioning against harmonization that overlooks these distinctions.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

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 book should not be perceived as a classic manual on the application of copyright to these art forms. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book.

Art 59

Art Copyright Moral Rights Cease and Desist 59

The IPKat

JANUARY 30, 2022

PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the public domain) by Louis Larivière in the Louvre, Paris" on a book cover. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

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Moral Rights Database Right Designs Design 78

The IPKat

JANUARY 11, 2023

What moral rights looked like in the 12th century—the story of "Guide of the Perplexed" Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The Guide of the Perplexed”. I PKat book of the year awards - voting extended! Parody under copyright and trade mark law: key guidance from Zorro.

Moral Rights 53

Moral Rights Copyright Reporting Law 53

The IPKat

FEBRUARY 20, 2024

Intellectual Property Generally Katfriend Thorsten Lauterbach reviewed the book, Teaching Intellectual Property Law: Strategy and Management , edited by Sabine Jacques and Ruth Soetendorp (in which this Kat co-authored a chapter). The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 69

Moral Rights Intellectual Property Editing Inventor 69

The IPKat

JULY 1, 2024

The Court held that there had been an infringement of the author's moral right of attribution, but the slight cropping did not infringe his right of integrity, nor his reproduction rights.

Moral Rights 78

Moral Rights Technology Branding Brands 78

IPilogue

MARCH 29, 2023

This guidance is in response to a recent review by the Office of a comic book titled “Zarya of the Dawn” containing human-authored elements combined with AI-generated images. The analysis seeks to determine whether a human had ultimate creative control over the expression and formed the traditional elements of authorship.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

IP and Legal Filings

FEBRUARY 16, 2025

Types of Works Eligible for Copyright Registration Under the Copyright Act, 1957 , a wide range of works are eligible for registration, including: Literary Works : Books, articles, research papers, computer programs, and more. Musical Works : Compositions, songs, and music scores.

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Registration Copyright Ownership Artistic Work 52

The IPKat

SEPTEMBER 30, 2024

The Ukrainian IP Office recently announced that it has registered several works that, in addition to copyrightable content, also included artificial intelligence (AI) generated images protected under the new Ukrainian sui generis right for computer-generated subject-matter. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. What brought together the two siblings was a book publishing project, The Family Shakespeare , first published in 1807, with a second edition published in 1818. They bowdlerize books.").

Moral Rights 64

Moral Rights Editing Publishing Licensing 64

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution.

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Derivative Work Editing Copyright Music 137

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. Part II of the review GuestKat Anastasiia Kyrylenko wrote for the book “ Handbook of Intellectual Property Research ” (ed. SpecialKat Tian Lu wrote a short summary of the report. Calboli and M. Montagnani, OUP, 912 pp.)

Moral Rights 69

Moral Rights Intellectual Property Contracts Reporting 69

The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. Hayleigh Bosher reviewed the book entitled “Research Handbook on Intellectual Property and Cultural Heritage” and edited by Irini Stamatoudi. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

Moral Rights 59

Moral Rights Intellectual Property Editing Copyright Infringement 59

Velocity of Content

DECEMBER 4, 2024

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. ↩︎ For example, mounting pages from art books on tiles as in Mirage Editions, Inc.

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Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

AUGUST 6, 2024

While for the time being the BomHC has ordered various entities to remove content that violates Singh’s personality rights, the larger matter of the personality and moral rights of the singer being infringed remains unresolved, with the case scheduled for September 2.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

SpicyIP

JULY 14, 2023

Or Schiller: “What is a book?” Ancient Indian culture recognized two fundamental ideas of modern copyright: that a literary or musical work has an original immaterial form distinct from its material reproduction, the manuscript, and that the author enjoys a sovereign moral claim. We talk about authors when we talk about copyright.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

Velocity of Content

MARCH 16, 2023

One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent.

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Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

AUGUST 12, 2021

In Egypt, the framework for copyright protection is set under book three of law no.82 82 of 2002 for the Protection of the Intellectual Property Rights (IPRs) (see also here ). It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

The IPKat

DECEMBER 22, 2021

Later adherence leaped forward, not least as a consequence of the incorporation of the substantive provisions of the Berne Convention in the TRIPS Agreement in 1994 (except for the protection of moral rights) and, eventually in the 1996 WIPO Copyright Treaty (WCT).

Copyright 133

Copyright Moral Rights Copying Publishing 133

SpicyIP

AUGUST 26, 2024

Malayala Manorama (1987), Raja Pocket Books v. Radha Pocket Books (1996) and Star India Private Limited v. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M. The courts laid the early groundwork for the concept through decisions in V.T.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

IP and Legal Filings

MAY 13, 2024

These creations can include artistic, literary, musical, and other forms of creative representation that are fixed in a tangible medium, such as paintings, books, software code, and songs.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

a remake or an adaptation of a book into a film). 113-4 IPC states that ‘A composite work shall be the property of the author who has produced it, subject to the rights of the author of the pre-existing work.’ A composite work is therefore a derivative work, i.e. simple incorporations (e.g.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

IP and Legal Filings

APRIL 19, 2023

Protection Of Personality Rights Under Ipr Although the provisions of the country’s current IPR laws can be used as an indirect reference, the law dealing to such a violation of image rights has not received exclusive recognition under Indian law.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

43(B)log

FEBRUARY 19, 2022

C’s first subject matter—maps, charts, and books—may help us think about what facts are (as distinguished from works?). c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors.

Copyright 59

Copyright Moral Rights Artwork Art 59

IPilogue

MARCH 29, 2023

This guidance is in response to a recent review by the Office of a comic book titled “Zarya of the Dawn” containing human-authored elements combined with AI-generated images. The analysis seeks to determine whether a human had ultimate creative control over the expression and formed the traditional elements of authorship.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

43(B)log

AUGUST 5, 2021

Risk of identity loss means that “everyone belongs to everyone else,” as the slogan used in Huxley’s book goes. Rothman: Does not agree that ROP is the coined opposite of the right of privacy, nor that it should have a purely economic and commercial focus. See her book. Moral rights as a solution?

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Privacy Social Media Moral Rights Litigation 45

SpicyIP

DECEMBER 20, 2023

Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. If you are the one wondering this, then see Karishma Karthik’s two-part post examining the moral right of integrity and its potential as a tool in protecting the authors posthumously. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59