Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

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

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. The Indian courts have shown proactive measures in restraining the misuse of AI tools for copyright infringement.

Moral Rights 112

Moral Rights Copyright Infringement Related Rights Government 112

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” ” CMI Claims Against YouTube. While YouTube denies them all, at some point the CMI matter will need to be addressed.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

Kluwer Copyright Blog

APRIL 22, 2024

With respect to the moral right of public “disclosure”, the Court concludes that such right has not been infringed by Mango, since the Paintings were publicly disclosed decades ago with the Authors’ consent. Therefore, the moral right of “disclosure” had already been exhausted.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Instead of arguing against the allegations of prima facie copyright infringement made by the Times, OpenAI is simply arguing that any such infringements are justified under the doctrine of fair use. Copyright Office in its 2017 report on moral rights.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

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 ]. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

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

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 89

Blogging IP Moral Rights Artwork 89

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

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

The IPKat

FEBRUARY 20, 2024

Marcel Pemsel examined the decision of the Higher Regional Court of Cologne on whether the provider of domain name system (DNS) resolver and content delivery network (CDN) services can be liable for copyright infringement if it provides its services to the operators of websites with illegal content (in this case, music).

Moral Rights 69

Moral Rights Intellectual Property Editing Inventor 69

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.

IP 129

IP Licensing Fair Use Moral Rights 129

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 78

Moral Rights Database Right Designs Design 78

The IPKat

DECEMBER 26, 2022

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. On 18 March 2019, a counterfeit seizure was carried out.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. But, for once, there was no question of originality.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

IP Whiteboard

AUGUST 30, 2020

This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo? Does copyright exist in tattoos? What about moral rights? Is it copyright infringement to copy a work and use it as a tattoo? . What about moral rights? 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights.

Moral Rights 59

Moral Rights Intellectual Property Editing Copyright Infringement 59

Kashishipr

AUGUST 31, 2022

Or is it the copyright symbol with the small ‘C’ inside you think about instantly? Or perhaps downloading a pirated movie is Copyright Infringement ? Most people know of copyright; however, they don’t know much about the term.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 61

Intellectual Property Moral Rights Privacy Copyright Infringement 61

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. Further in the case of Civic Chandran and Ors. Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 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.

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

The IPKat

JANUARY 17, 2024

As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Kluwer Copyright Blog

SEPTEMBER 1, 2021

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. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 110

Personality Rights Privacy Copyright Trademark 110

The IPKat

JULY 21, 2023

Intellectual Property The EC’s comments on each of the IP rights in virtual worlds are primarily found in the Staff Working Document. The communication further states that “it is not clear whether minting or storing NFTs on the blockchain is an exploitation of a copyrighted work.

Moral Rights 52

Moral Rights Design Designs IP 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

JULY 9, 2023

Chapter 3 is entitled "Copyright within the street art and graffiti circles". This chapter examines whether street artists and writers are interested in copyright. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The same is for moral rights.

Art 59

Art Copyright Moral Rights Cease and Desist 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

However, the registration of copyright is not mandatory, but it is advisable to get your works protected as this would grant rights to the author or to the real owner of the copyright namely rights of reproduction, licensing right, moral rights, and economic rights.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

IP and Legal Filings

MAY 13, 2024

Protection under copyright usually lasts for the entire life of the owner along with a supplementary time frame, after which the work becomes within the public domain and is allowed to be openly utilised by anybody.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Velocity of Content

MARCH 16, 2023

If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. I speculated that this was an attempt to avoid a messy fair use dispute. This will be hard to defend. Will a lawsuit in an EU jurisdiction be next? What does this mean for the future of AI?

Litigation 98

Litigation Fair Use Copying Derivative Work 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

SpicyIP

OCTOBER 6, 2024

The Court held that there was violation of the plaintiff’s personality/publicity rights as well as moral rights in his performances. A dispute arose between them wherein the copyright belonging to the partnership firm was being exploited by the second respondent, denying the firm royalties out of such exploitation.

Registration 105

Registration Copyright Licensing Trademark 105