The IPKat

FEBRUARY 20, 2024

One of Mango's virtual fashion week runways ( Mango ) The Court's ruling Moral rights The Court began by examining the moral right of dissemination under Spanish law, and found that - seeing as the relevant works had already been displayed to the public at large - such rights had been exhausted, and there was no further infringement.

Moral Rights 73

Moral Rights Artwork Fair Use Copyright 73

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. Some have argued in favour of fair use, at least in the US context.

IP 116

IP Licensing Fair Use Moral Rights 116

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

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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

SpicyIP

AUGUST 6, 2024

In the US, a voice isn’t explicitly protected under copyright law, but there are potential protections under the right of publicity, which is enforced through state laws related to the appropriation of likeness, name, and voice. Legal precedents like Midler v.

Personality Rights 92

Personality Rights Moral Rights Technology Copying 92

LexBlog IP

OCTOBER 10, 2023

What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. But the artist can waive these rights in writing.

Social Media 52

Social Media Art Fair Use Moral Rights 52

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Those artists are attached to their creations and to the right of attribution.

Art 56

Art Copyright Moral Rights Cease and Desist 56

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. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 64

Intellectual Property Moral Rights Registration Editing 64

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.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 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

IPilogue

NOVEMBER 30, 2022

Copyright law protects and should continue to protect communicative and dialogical spaces. Copyright laws should not stand between exposure to authenticity, but at the same time should not avoid dealing with illegal ownership claims.”. The authenticity of these works makes them a closed category.

Art 105

Art Copyright Moral Rights Fair Use 105

43(B)log

AUGUST 9, 2024

Peter Yu (co-author Matthew Sag), The Globalization of Fair Use Standards for AI Copyright Office is interested in whether there will be globalization on training and copyrightability. 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

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. Union of India clarified that writ petitions challenging an IPAB order should be filed before a Single Judge Bench of the High Court. Acko General Insurance.

IP 114

IP Copyright Trademark Intellectual Property 114

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