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 76

Moral Rights Database Right Designs Design 76

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. CONCLUSION.

Music 97

Music Copyright Copyright Infringement Moral Rights 97

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 102

Copyright Moral Rights Copyright Infringement Marketing 102

The IPKat

JANUARY 17, 2024

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. As a result, his estate launched proceedings for copyright infringement.

Derivative Work 137

Derivative Work Editing Copyright Music 137

IPilogue

FEBRUARY 25, 2022

Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows. Twitch Popularity.

Music 102

Music Moral Rights Copyright IP 102

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 80

Ownership Moral Rights Public Domain Intellectual Property 80

Intepat

NOVEMBER 3, 2024

In such cases, ownership may be attributed to the publisher or another designated entity. Section 57: This section emphasizes moral rights, which allow authors to protect the integrity of their works, regardless of whether they are pseudonymous or anonymous. Ajay Kumar Goswami v.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

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

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 105

Derivative Work Copyright Law Copyright Law 105

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 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 57

Art Copyright Moral Rights Cease and Desist 57

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 111

Personality Rights Privacy Copyright Trademark 111

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

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

SpicyIP

DECEMBER 30, 2023

HarperCollins Publishers India Pvt. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. Based on the above reasoning, the Court refused to grant an injunction against the novelization of Nayak’s screenplay by Harper Collins Publishers India Pvt. RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks.

Trademark 98

Trademark IP Higher Education Moral Rights 98

IP and Legal Filings

JANUARY 22, 2024

The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne. As the world’s first copyright statute, it offered 14 years of legal protection for works published and 21 years of protection for works already in print.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books. As such, it was permissible under United States copyright law. Copyright Office in its 2017 report on moral rights.

Fair Use 135

Fair Use Copyright Moral Rights Copyright Law 135

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 128

Moral Rights Contracts Editing Related Rights 128

SpicyIP

DECEMBER 11, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Anything we are missing out on? Please drop a comment and let us know.

Trademark 103

Trademark Fair Use Moral Rights Art 103