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 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

FEBRUARY 12, 2024

The equivalent provision to the above, Section 11 of the old Copyright Act, provides: (1) Subject to the provisions of this section, copyright shall be transmissible by assignment, by testamentary disposition or by operation of law, as movable property. copyright), can one call such a constitutional right?

Copyright 60

Copyright Moral Rights Government Public Domain 60

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

MAY 23, 2024

Saregama Vodafone Injunction against exploitation of copyright in sound recording and allied copyright work via VAS. However, J Krishna Iyer’s otiose , as he referred to it, footnote to the judgement highlighted the need for legislative exploration to protect the rights of musicians. Do A ll Rights Subsist with the First Owner?

Music 59

Music Licensing Copyright Moral Rights 59

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 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.

IP 124

IP Copyright Trademark Intellectual Property 124