IP and Legal Filings

JANUARY 27, 2025

Currently, the law of Indian IP does not recognise AI as an entity which can ask for protection. As per the definition of author under the Copyright Act, any person who causes work to be generated by consumers is considered to be the actual author.

Intellectual Property 104

Intellectual Property Music Art IP 104

LexBlog IP

FEBRUARY 21, 2024

For these reasons, the copyright agency considered that the analysis showed that the participation of the applicant was limited to providing language instructions to the software, and therefore, he could not be considered to be an author, under the applicable definition in the law.

Copyright 52

Copyright Copyright Law Law Moral Rights 52

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. Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. What is it? What does it do?

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. structural modifications).

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

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

SEPTEMBER 16, 2024

Anett Pogácsás examines the divergent legal approaches to copyright waivers, discussing how to mitigate the lack of uniformity. Giulia Dore emphasizes the differing treatments of moral rights between civil law and common law countries, cautioning against harmonization that overlooks these distinctions.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. 277 (2020). [iv] iv] Maxwell L.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

AUGUST 11, 2022

So if you bring kids up speaking this language, you will definitely have lost control.] In most cases, the spouse doesn’t contribute copyrightable creativity. Argument: spouse’s contribution should not be seen through copyright law but through family law. A: her concern is divorce law, though comparison is worthy.

Ownership 80

Ownership Moral Rights Copyright Branding 80

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

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. Group III: Others, like China’s 3d amendment to Chinese copyright law. Strong emphasis on moral rights in continental Europe.

Fair Use 59

Fair Use Moral Rights Law IP 59

The IPKat

FEBRUARY 12, 2024

Is copyright movable property under Nigerian law? Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. copyright), can one call such a constitutional right?

Copyright 64

Copyright Moral Rights Government Public Domain 64

Kluwer Copyright Blog

DECEMBER 20, 2022

As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection. By contrast, the author of a simple photograph is not granted any moral right.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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

LexBlog IP

AUGUST 8, 2021

9] Similarly, there is nothing implied by patent law more generally that would drive a construction of the Act as requiring a human inventor. [10] 10] This can be contrasted with, for example, copyright law which, by its very nature, involves the requirement for a human author and the existence of moral rights. [11]

Inventor 52

Inventor Patent Patent Application Invention 52

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action.

Copyright 52

Copyright Art Law Moral Rights 52

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 central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body.

IP 124

IP Copyright Trademark Intellectual Property 124

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.”. As such, these works deserve sui generis protection.

Art 105

Art Copyright Moral Rights Fair Use 105

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 64

Copyright Law Copyright Law Music 64

The IPKat

NOVEMBER 1, 2022

The last chapter in this section then outlines the various definitions and approaches to the term ‘artificial intelligence’, arguing for new terminology. Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights.

Copyright 98

Copyright Moral Rights IP Privacy 98

IP and Legal Filings

FEBRUARY 20, 2024

The illegal distribution and sale of t-shirts, magnets, keychains, mugs, stickers, and masks featuring a celebrity’s picture, face, or other connected qualities should not, she emphasised, totally strip these rights of their protection. In order to do this, the law is changing to stop the unrestricted use of the right.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA?

Art 45

Art Copyright Settlement Privacy 45