IPilogue

NOVEMBER 30, 2022

These paintings that saved her life are currently held in the Auschwitz-Birkenau Memorial and Museum in Poland, despite her pleas for their return: “They are definitely my own paintings; they belong to me, my soul is in them, and without these paintings, I wouldn’t be alive.”. The authenticity of these works makes them a closed category.

Art 106

Art Copyright Moral Rights Fair Use 106

IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

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).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. see also The Drama in the Definition of ‘Dramatic Works’ ).

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 277 (2020). [iv] iv] Maxwell L.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

AUGUST 6, 2024

Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. These technologies, capable of accurately replicating voices with 95% accuracy in multiple languages and accents, have been misused more often than put to good use.

Personality Rights 78

Personality Rights Moral Rights Technology Copying 78

43(B)log

AUGUST 9, 2024

Challenges before SCt: (1) freedom of expression under Mexican constitution, contrary to due process and legal principle; (2) lack of definition of key terms did not provide legal certainty. Different reasons for divergence: author’s rights/©; civil/common law; developed/developing. Group one: fair use.

Fair Use 59

Fair Use Moral Rights Law IP 59