The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! 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.

Moral Rights 78

Moral Rights Database Right Designs Design 78

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

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

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

43(B)log

AUGUST 11, 2021

Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? If a household worker had listened to Twain tell a story and published it, would we think it was fair use? Seems unlikely.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Art Law Journal

AUGUST 18, 2022

Generally, artistic expression is protected as free speech, and images that include a person and are published purely as artistic expression do not require a model release. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Artistic Purposes Do Not Need a Release.

Publishing 85

Publishing Art Contracts Artwork 85

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. published in Grur.

Copyright 105

Copyright Public Domain Art Moral Rights 105

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

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Case 3- Thomson Reuters Enterprise Center GMBH and West Publishing Corp. 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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

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

IP and Legal Filings

APRIL 26, 2023

The argument that producers should have ownership of the copyright because they bear the risk of making the movie is not convincing when compared to other industries such as publishing, where the publisher bears a similar risk but does not have authorship or ownership of the copyright under the law. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

SpicyIP

DECEMBER 30, 2023

HarperCollins Publishers India Pvt. 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. While delineating the rights of the parties, the Court held that R.D RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52