The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.

Moral Rights 71

Moral Rights Copyright Music Art 71

The IPKat

OCTOBER 21, 2023

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 ]. This lamp was registered as an international design on 28 January 1991 [ here ]. The interior designer then appealed.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

The IPKat

SEPTEMBER 30, 2024

Applicable law In December 2022, Ukrainian Parliament adopted a new copyright law, Law No 2811-IX [see an overview of its main provisions by The IPKat here ]. The scope of this sui generis right includes the same economic rights that are granted to works (Art. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 40

Designs Design Copyright Artistic Work 40

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

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

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. We have a terrific example of designer cakes, which are accessible in the market these days and are elegantly constructed by chefs with distinctive designs, shapes, and patterns.

Art 52

Art Copyright Artistic Work Moral Rights 52

IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

Intellectual Property 104

Intellectual Property Music Art IP 104

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 63

Intellectual Property Law Intellectual Property Law Public Domain 63

The IPKat

NOVEMBER 29, 2021

Economics approach to patent law is then discussed in Chapter 27, by Bruno van Pottelsberghe de la Potterie. After introducing the areas, where the economics of patents is especially relevant (among them, the design of patent systems or the patent examination process), the author provides readers with a through literature review.

Intellectual Property 74

Intellectual Property IP Moral Rights Law 74

The IPKat

MAY 9, 2023

The plaintiff’s suggested design was approved by the defendant as well as by the local authorities of the city where the mosque was to be constructed. Statutory copyright protection remains unaffected. […] § 13. Statutory copyright protection remains unaffected. […] § 13.

Copyright 52

Copyright Moral Rights Contracts Art 52

43(B)log

AUGUST 9, 2024

2014: ECJ said that the court didn’t need to designate technical measures—could order an outcome prohibition; transmission entities have to effectively achieve site-blocking. Group III: Others, like China’s 3d amendment to Chinese copyright law. Authors’ rights are designed to protect that intellectual and emotional bond.

Fair Use 59

Fair Use Moral Rights Law IP 59

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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

Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. The Berne Convention has significantly shaped national copyright laws.

IP 52

IP Law Intellectual Property Trademark 52

The IPKat

MAY 22, 2023

The current UK legislation provides a copyright exception for text and data mining (TDM) under 29A of the Copyright, Designs and Patents Act 1988 for non-commercial research for copyright works to which a person already has lawful access. Text and data mining exception – a suitable option?

Music 82

Music Intellectual Property Copyright Technology 82

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 63

Copyright Moral Rights Government Public Domain 63

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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? Which regime to choose?

Art 45

Art Copyright Settlement Privacy 45

The IPKat

FEBRUARY 12, 2024

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London. Such gestures couldn't be overlooked in a book on moral rights.

Moral Rights 74

Moral Rights IP Intellectual Property Public Domain 74

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. 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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

The IPKat

SEPTEMBER 30, 2022

The broadening of the copyright has started with software, proceeded on with databases, and perhaps (she said in relation to the recent case law of the CJEU mentioned in the previous post) industrial design. Uniformity refers to the intrinsic elements of the expressive mode. In particular stated that new Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. 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

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Cites Henry George.

Copyright 59

Copyright Moral Rights Artwork Art 59

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. 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 Brands 80

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. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

APRIL 21, 2025

Machines that are designed to understand, acquire knowledge, and solve problems in a manner similar to that of humans are said to exhibit artificial intelligence. A subset of law known as intellectual property law protects investments and promotes innovation by giving creators, inventors, and companies legal ownership rights over their works.

Intellectual Property 59

Intellectual Property Inventor Moral Rights Ownership 59

The IPKat

JANUARY 25, 2025

AI development/training The Vatican AI Guidelines inter alia state that the extraction and reproduction of content in the use of AI systems and models must comply with Vatican copyright law. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g.,

Ownership 140

Ownership Copyright Music Moral Rights 140