The IPKat

JANUARY 24, 2023

In case of works, part 1 of Article 29 permits the limitation of economic rights to reproduction for the purpose of digitisation, indexing, cataloguing, preservation or restoration of a copy. In case of the related rights subject matter, the lawmaker did not explicitly indicate the limitations of economic rights.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

The IPKat

JANUARY 25, 2022

As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. Indeed, there was a tradition of artists making a copy of an existing painting; the better the copy, the greater the praise for it, here.

Art 134

Art Artwork Copying Moral Rights 134

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. LSB10922, Generative Artificial Intelligence and Copy. ↩︎ See Jane C. Int’l Comm. ↩︎ 17 U.S.C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

MAY 1, 2023

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Moral rights have a greater amount of human sentiments appended to the work, and thus, these privileges may not be appropriate for implementation by the AI.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. When copyright is involved, both economic and moral rights issues are at stake.

Copyright 105

Copyright Public Domain Art Moral Rights 105

SpicyIP

AUGUST 6, 2024

While for the time being the BomHC has ordered various entities to remove content that violates Singh’s personality rights, the larger matter of the personality and moral rights of the singer being infringed remains unresolved, with the case scheduled for September 2.

Personality Rights 110

Personality Rights Moral Rights Technology Copying 110

TorrentFreak

AUGUST 26, 2022

Copies of his images also appeared on other websites, again without the metadata. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. The conversion from one format to another meant that metadata was sometimes lost.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

The IPKat

DECEMBER 22, 2021

It foresaw both registration of the work at the Copyright Office, deposit of copies, attachment of a copyright claim (© [year of first publication] by [name of owner of rights]), and, in certain cases, manufacture of the copies within the country.

Copyright 133

Copyright Moral Rights Copying Publishing 133

The IPKat

NOVEMBER 23, 2023

One of the disputed copies was exhibited in the gardens of the company Le potager des Princes, founded by Mr Bienaimé and located in Chantilly. The work depicts three horses in a circular half-shell, one of which is arched. The artist noticed that several reproductions of his work or parts of it had been made without his permission.

Copyright Infringement 122

Copyright Infringement Copyright Moral Rights Intellectual Property 122

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

SEPTEMBER 21, 2023

Royalties can be defined as a sort of variable consideration for the utilisation of work, for a public performance or selling of a copy. Section 18(1), 3 rd proviso states that the right to receive royalties cannot be waived or assigned or licensed except to legal heirs or copyright society for distribution and collection.

Copyright 97

Copyright Moral Rights Cinema Music 97

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. Case 2- Anderson, et al.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kashishipr

AUGUST 31, 2022

Do you think about the fight between musicians concerning stolen or copied song lyrics? The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

IP and Legal Filings

MAY 13, 2024

[Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying. This means that using the protected work requires prior consent from its creator.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The disadvantages of taking legal action include the cost, the fact that copying is difficult to prove and the technical impossibility of monitoring all the walls containing works of art.

Art 59

Art Copyright Moral Rights Cease and Desist 59

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.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. However, as I also discuss here , the CJEU has likely de facto recomprised such right within the broader right of reproduction. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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

IP and Legal Filings

JANUARY 27, 2025

This creates an issue, as the creators of the machine, and the actual makers of the music are denied the fruits of their labour, particularly in cases where no consent was provided by a person, but due to the freely available data, AI was able to copy their likeness and style.

Intellectual Property 104

Intellectual Property Music Art IP 104

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

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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

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

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

AUGUST 15, 2023

This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Russell Brown and Sandy Linzer who allege that Lipa copied their composition 'Wiggle and Giggle All Night' (recorded by Cory Daye in 1979) and 'Don Diablo' (for which they own the rights).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

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? 511, 523 (2012). viii] See, e.g., Lee J. Matalon, Modern Problems Require Modern Solutions: Internet Memes and Copyright , 98 Tex.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

NOVEMBER 29, 2021

Farley provides readers with a substantive review of different venues of research on IP and morality, including the role morality plays in exclusions to IP, or morality aspects in moral rights law. Bagley explores, in Chapter 50, IP law through the lens of religious thought in Catholicism, Judaism and Islam.

Intellectual Property 75

Intellectual Property IP Moral Rights Art 75

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

DECEMBER 19, 2022

More in detail, VEGAP acted on behalf of the rightsholders of the works by Mirò, Tàpies and Barcelò, alleging that this unauthorized use of “Oiseau volant vers le soleil” and “Tète et Oiseau”, “Ulls i Creu” and “Esgrafiats” and “Dilatation” infringed both moral rights (right (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

Kluwer Copyright Blog

DECEMBER 20, 2022

The threshold to meet these requirements is similar to the traditional common law «skill, labour and judgement» test, and is often met whenever the photograph was not copied and shows a modicum of technical skill. 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

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

MAY 23, 2024

Ilaiyaraja- OSA 51 of 2024 (see here for the Livelaw post on this), an appeal against the 2019 single-bench order of Madras HC, is pending to be heard in June (I was unable to find a copy of the Single Judge order and would be grateful if any reader can share that with us.)

Music 58

Music Licensing Copyright Moral Rights 58

Kluwer Copyright Blog

MARCH 13, 2023

Such an artifact may be a pastiche if it contains already published third-party works or if parts of works are “adopted” or borrowed, i.e. copied. On the other hand, “distortions” of the source material which the rights holder does not have to accept due to moral rights reasons are inadmissible.

Copyright Law 64

Copyright Law Copyright Law Music 64