The IPKat

MARCH 25, 2025

Given the multifaceted nature of fashion law encompassing intellectual property, competition, contract, and e-commerce law, among others The Handbook of Fashion Law reflects this breadth by offering an equally expansive scope of topics, structured in a coherent manner. In this chapter, presenting to be of high practical relevance, Prof.

Law 59

Law Intellectual Property IP Brands 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. The sale of an NFT also includes a smart contract. 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

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Articles L 122-7, 131-1, 131-3 and 131-6 French IP Code ). Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 78

Moral Rights Database Right Design Designs 78

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. The World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report , reviewing global IP activity in 2020. SpecialKat Tian Lu wrote a short summary of the report.

Moral Rights 69

Moral Rights Intellectual Property Contracts Reporting 69

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]

IP 52

IP Artwork Contracts Intellectual Property 52

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 Brands 57

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

The IPKat

SEPTEMBER 30, 2022

Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”. So what are the evolutionary contours of IP? A rare picture of Joseph A.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

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 The court concluded that the ROP is an intellectual property right.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

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 Brands 52

IP and Legal Filings

JUNE 27, 2022

This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Being at a nascent stage for IP compared globally, remarkable progress has been made by the nation.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

SpicyIP

JULY 13, 2021

However, it needs to be pointed out that the court has explicitly mentioned in the order that “celebrity rights is a bundle of rights comprising of Intellectual Property rights and privacy rights.” 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

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

IP and Legal Filings

APRIL 26, 2023

The FIR accused YRF of committing a criminal breach of trust (CBT) and violating the Copyright Act by misappropriating 100 crores in royalties that belonged to members of the Indian Performing Right Society (IPRS). 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

SpicyIP

MAY 23, 2024

Saregama ) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas.

Music 59

Music Licensing Copyright Moral Rights 59

IIPRD

JUNE 13, 2024

Which states that for copyright registration only “the details of the person(s), who has actually created the work i.e. only natural person (human being), should be provided” Also, section 57 of the act says that the author has Moral rights, and incorporates the right to paternity and the right to integrity.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP and Legal Filings

FEBRUARY 20, 2024

The Court rejected the privacy defence, which is often employed in IP proceedings. Instead, it ruled that celebrities have the right to profit on their popularity in whatever way they want and that the right of publicity protects their financial interest in their identities. REFERENCES : Pusey, I., & Morgan, M.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92