The IPKat

SEPTEMBER 26, 2023

This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. American company Narcos obtained the right to synchronise this work for an episode of the series Narcos - Mexico, of which it is the producer, granted by the company Regent. Facts Mr M.

Moral Rights 75

Moral Rights Music Cease and Desist Contracts 75

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moral rights.

Moral Rights 72

Moral Rights Copyright Music Art 72

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

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

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

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

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 Designs Design 78

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. ↩︎ Ginsburg & Ricketson, supra note 49, ¶ 11.27 [ read full article here ]. ↩︎ See Jane C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. Patents GuestKat Rose Hughes analysed a recent decision of the English High Court regarding the clinical formulation of Bayer's cancer drug, sorafenib.

Moral Rights 69

Moral Rights Intellectual Property Contracts Reporting 69

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.

Law 59

Law Intellectual Property IP Branding 59

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 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

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. A procurement contract does not. The production that was contracted out rose, but at a lesser rate.

IP 91

IP Reporting Contracts Licensing 91

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions.

Copyright 105

Copyright Public Domain Art Moral Rights 105

The IPKat

MAY 18, 2024

In this respect, the Court recalled that “ there are either contracts for the assignment of rights or free execution authorisations, which is what the authorisation of use relied on by the defendant should be equated with. 131-2 and L. 131-3 of the CPI.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

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

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

JANUARY 23, 2023

NFTs are governed by smart contracts, which divide ownership and limit transferability. Blockchain technology allows smart contracts to operate, ensuring the integrity of all sent and received data. [iv] 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

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

The IPKat

MAY 9, 2023

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 The client owns the copyright to the image of the building, which is the object of this contract. (2) Statutory copyright protection remains unaffected. […] § 13.

Copyright 52

Copyright Moral Rights Contracts Art 52

IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

JULY 9, 2023

This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. Once again, opinions are divided on the importance of the right of attribution. The same is for moral rights.

Art 59

Art Copyright Moral Rights Cease and Desist 59

Art Law Journal

AUGUST 18, 2022

A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Contract requirements vary from state to state, but in general, the model release form should ask for permission to use the person’s likeness, 1) for a specified purpose and 2) for a defined duration. .

Publishing 85

Publishing Art Contracts Artwork 85

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'. It it is, therefore, likely that the copyright infringement claim would effectively follow the breach of contract claim.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

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

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

Velocity of Content

MARCH 16, 2023

The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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. 6] Stuart D. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 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

The IPKat

FEBRUARY 12, 2024

Unlike the guarantees made under Chapter 4, copyright cannot arise as constitutional rights by reason of its mentions under Chapter 2, Section 251 or Item 13 under the Constitution. If the right to something depends on a contract, or a statute explicitly creating it (e.g., copyright), can one call such a constitutional right?

Copyright 64

Copyright Moral Rights Government Public Domain 64

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

SpicyIP

MAY 23, 2024

Secondly , in a contract of service, under Section 17(c), the authors surrender their rights to the employer for valuable consideration, including the right to collect royalty. Thirdly, 2012 Amendment does not change the law with regard to independent copyright in sound recordings.

Music 59

Music Licensing Copyright Moral Rights 59

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.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

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

SpicyIP

MAY 3, 2023

Such treatment usually amounts to violations of the moral rights of the author. In this post, I shall examine the concept of the moral right of integrity and its potential as a tool in protecting the works of authors posthumously.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Kluwer Copyright Blog

APRIL 2, 2025

It distinguished between economic rights (which are assignable) and moral rights (which are not assignable). Because economic rights can be assigned, copyright has a value realisable in money. And contracting out agreements will become more important for creators to secure the whole copyright if a relationship ends.

Copyright 52

Copyright Moral Rights Artwork Licensing 52