IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Also, Moral rights of the creator is given in under Section 57 of the said act, are not relevant to the Artificial Intelligence.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Music 52

Music Moral Rights Television Copyright Infringement 52

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

SpicyIP

MAY 1, 2023

The fact that we have in the past not dealt with issues of such complexity, i.e. the licensing of large volumes of data from different people who have not organised themselves as an organisation or society, does not mean that copyright infringement should go unchecked. For coding, there is The Stack , a 6.4

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

JANUARY 23, 2023

In the current cyberspace, copyright infringement and piracy have occurred from developers, artists, and end users. The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. And if someone substantially edits AI-generated data and claims copyright on the edited work, they could potentially qualify for copyright protection.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

IP and Legal Filings

JUNE 29, 2024

Entertainment, a company incorporated by the famous music composer, singer and lyrist Daler Mehndi, sought a permanent injunction prohibiting infringement of his publicity rights and deceptive endorsements that could result in passing off. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 98

Cinema Copyright Blogging Registration 98

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Intepat

OCTOBER 16, 2024

This treaty has been instrumental in harmonizing copyright laws globally, ensuring that authors and creators are protected internationally without the need for formalities such as registration or publication considering as one of the key principles of the Berne Convention , as an “automatic” protection of works.

IP 52

IP Law Intellectual Property Trademark 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The mechanism gives discretionary powers to these nodal officers to determine whether infringement/piracy has taken place, despite them not being judicial officers.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

OCTOBER 11, 2022

When it comes to dealing with Personality Rights it is very important to determine who will and who will not be covered under this regime, as previously stated the benefit of the particular rights can only be granted in the case of an Actual influential personality.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. As such, it was permissible under United States copyright law. Since there was no appreciable harm to the copyright owners, according to the Court – quite the contrary –it was clearly acceptable under the terms of United States copyright law.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

NOVEMBER 30, 2021

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. What about copyright infringement?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ].

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

SpicyIP

AUGUST 6, 2024

In the US, a voice isn’t explicitly protected under copyright law, but there are potential protections under the right of publicity, which is enforced through state laws related to the appropriation of likeness, name, and voice. For instance, ChatGPT was trained on copyrighted books by J.K.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

MAY 9, 2023

Statutory copyright protection remains unaffected. […] § 13. Copyright (1) The architect retains all rights to which he is entitled under copyright law, unless they have been transferred to the client in accordance with the content of this contract or on the basis of [any additional] agreement.

Copyright 52

Copyright Moral Rights Contracts Art 52