The IPKat

MAY 18, 2024

Analysing the body of evidence produced by Mr T ( i.e. pictures showing him photographing the young girl featured in the still, an email, an attestation from third parties, a digital copy of the short film ), the TJ held that the litigious image was part of “ Rêve d’enfants ”, created before its exploitation by the school. 131-2 and L.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

Kluwer Copyright Blog

MARCH 13, 2023

To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V. GFF) has commissioned Dr. Till Kreutzer ( iRights.Law ) to propose a copyright-specific definition of pastiche as transposed into German copyright law. One example would be the use of a song for a right-wing political campaign.

Copyright Law 64

Copyright Law Copyright Law Music 64

The IPKat

SEPTEMBER 16, 2024

Giulia Dore emphasizes the differing treatments of moral rights between civil law and common law countries, cautioning against harmonization that overlooks these distinctions. Anett Pogácsás examines the divergent legal approaches to copyright waivers, discussing how to mitigate the lack of uniformity.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? xxvi] Will Kenton, Definition of ‘Bilateral Monopoly’ , Investopedia[link] (last visited Mar. 511, 523 (2012). viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

DECEMBER 20, 2022

Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. By contrast, the author of a simple photograph is not granted any moral right. Photographs of mere documentation.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception. 17 U.S.C. §

Art 52

Art Artwork Law Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Definition of a work (Sections 2-5 UrhG). Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

MAY 25, 2022

The Equality Act does not define religion or belief , with the explanatory note making clear belief has a broad definition , and one consistent with the rights guaranteed under Article 9 of the European Convention on Human Rights. by Adrian Aronsson-Storrier Also Kats believe in and wish for many things.

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

Garrigues Blog

MAY 11, 2021

Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge. In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. Right of paternity: the right to claim authorship of the work.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

43(B)log

AUGUST 11, 2021

Twain gave her a signed & inscribed copy after publication, which descendants donated to UMd decades back. Peters starts out very formalist—you didn’t separately deliver the copies that you delivered to the gov’t, so no protection. Definitely true that they weren’t entirely pragmatic. Seems unlikely. Zvi Rosen: Wheaton v.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Kluwer Copyright Blog

MARCH 28, 2022

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. First, the Corte di Cassazione argued that the quotation exception provision, per definition, allows only partial reproductions of protected works. Relationship with the CJEU case law: a step back in time?

Copyright 52

Copyright Art Law Moral Rights 52

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124