The IPKat

SEPTEMBER 26, 2023

A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [ IPKat here , here or here ]. This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. Relying explicitly on article L.

Moral Rights 73

Moral Rights Music Cease and Desist Contracts 73

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

The IPKat

DECEMBER 10, 2021

A Kat contemplating the complex beauty of the universe Copyright Adele has stolen the spotlight with her new album and also with a special request to Spotify to disable its shuffle button so that listeners could listen to the album the way the artist intended.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

Art 57

Art Copyright Moral Rights Cease and Desist 57

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

IP and Legal Filings

APRIL 26, 2023

Introduction The Indian Copyright Act of 1957 protects and recognizes cinematograph films as a form of creative work. 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.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. But, for once, there was no question of originality. 131-2 and L. 131-3 of the CPI.

Moral Rights 62

Moral Rights Cinema Copyright Infringement Copyright 62

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Contracts Branding 57

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

The Indian Contract Act, 1872 – Just like an auction, the NFT sellers list the assets and an agreement is created enumerating the rights of the buyer/buyers through digital means. Upon the finalization of the sale, the agreement is enforceable as a contract under the provisions of the Indian Contract Act, 1872.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

SpicyIP

JULY 13, 2021

The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court. Another point of engagement was the copyrightability of a celebrity’s life. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Copyright gives protection to expressions only and not to ideas. Broad classification of ‘works’ which are protected by copyright are-.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

43(B)log

AUGUST 11, 2022

Linguistic Relativity and Its Implications for Section 230 and Copyright Christopher S. Constructed languages: attempts to use copyright to protect them. Copyright claims attempted to preserve/protect/avoid splits. Especially when done for dramatic purposes: should it be copyrightable? Tolkien: C&D, but no lawsuits.

Ownership 80

Ownership Moral Rights Copyright Brands 80

43(B)log

JUNE 26, 2023

In Virginia, insurance contracts are interpreted according to general principles of contract law; any ambiguity is construed against the insurer. “In Infringing upon another’s copyright, trade dress or slogan in your “advertisement”. The court concluded that the ROP is an intellectual property right.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

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

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

Music 59

Music Licensing Copyright Moral Rights 59

IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR. This marks a significant shift in the prevailing paradigm.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

SpicyIP

MAY 3, 2023

This is especially true where the owner of the copyright (typically production houses or record studios) is not the author of the work, or otherwise where copyright protection has expired. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Traverse Legal Blog

SEPTEMBER 28, 2023

GET IN TOUCH Speak With An Open Source Attorney Contact us Choosing the Right Open Source License For Your Project Choosing the suitable licensing model at the inception of an open-source project is not just a legal formality; it’s a strategic imperative. Another significant legal issue is the matter of contributor agreements.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

SEPTEMBER 28, 2023

GET IN TOUCH Speak With An Open Source Attorney Contact us Choosing the Right Open Source License For Your Project Choosing the suitable licensing model at the inception of an open-source project is not just a legal formality; it’s a strategic imperative. Another significant legal issue is the matter of contributor agreements.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. A prominent concern is the right of reproduction. 13 Other arguments to limit the reach of the right exist.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. A look to the past before planning for the future.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. If an image is attached to an NFT, does that mean I own the copyright for that image? Where an NFT buyer has purchased an image, they do not necessarily receive the copyright associated with that image. What about copyright infringement?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

NOVEMBER 6, 2023

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. They may not be contrary to accepted principles of morality ( Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

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

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.

Moral Rights 70

Moral Rights Copyright Music Art 70

The IPKat

MAY 9, 2023

In a recent decision, the Cologne Regional Court (LG Köln) found that adding a glass canopy to a mosque infringed the architect’s copyright and must be removed ( 14 O 12/22 ). In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3

Copyright 52

Copyright Moral Rights Contracts Art 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

IIPRD

JANUARY 29, 2023

3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] NFTs as of today don’t provide the exclusive right to the owner to commercialise the artwork.

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

AUGUST 26, 2024

On the first point, our review of the available empirical evidence (based on the catalogued studies on the Copyright Evidence database and preliminary survey findings from a survey of UK-based audiovisual performers) suggests that ‘typical’ creative labour, performances included, trend towards being undervalued.

Higher Education 84

Higher Education Contracts Marketing Marketing 84

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. For every one of the twenty-one defendants, the plaintiff provided examples.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92