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This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. The creation of AR experiences may involve acts of reproduction and communication to the public that have potential copyright implications. i) Publicdomain works. This happens in particular in contemporary art collections.
PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the publicdomain) 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 !
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 moralrights of the inventor.
The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court. The court held that facts which are historical, and in the publicdomain are not copyrightable, given the lack of “creation”, which is an essential element of copyright.
In India, protection under copyrights is provided into two forms, which includes, economic rights and the moralrights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moralrights of the copyright holder.
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., addition of written or pictorial elements) of a work not in the publicdomain and/or where the creator is still alive.
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?
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