SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 2(c)(i), and, thus, copyrightable under sec. 57 of the Act.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). This prompted intensive work on the text of the draft law. See also here for the previous law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). 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.

Derivative Work 104

Derivative Work Copyright Law Copyright Law 104

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. European Patent Law: The Unified Patent Court and The European Patent Convention, by Paul Torremans and Duncan Matthews. •

Intellectual Property 131

Intellectual Property Intellectual Property Law Moral Rights Editing 131

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Laura Ford examines the historical and philosophical underpinnings of harmonization, urging a reexamination of its foundational ideals in contemporary law reform.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property Law Public Domain 60

Intepat

OCTOBER 16, 2024

As innovation transcends borders, the need for cohesive legal frameworks to protect IP rights internationally has grown significantly. International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws.

IP 52

IP Law Intellectual Property Trademark 52

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

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 67

Moral Rights Copyright Music Art 67

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 Branding 52

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. Recent Case Law on Pseudonymous and Anonymous Works S. Ajay Kumar Goswami v.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

The IPKat

NOVEMBER 19, 2023

Copyright Marcel Pemsel addressed the question related to whether a photographer can waive the exercise of their moral rights, including the right of attribution, in the general terms and conditions of a microstock portal under German Law.

Moral Rights 64

Moral Rights Intellectual Property Copyright Law Copyright 64

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 ]. In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art. 12), but does not include moral rights.

IP 83

IP Art Moral Rights Registration 83

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Along with the economic rights granted by copyright, the copyright holder also has moral rights. India is a signatory to the Berne Convention, and Article 6bis of that Convention protects moral rights, commonly known as the paternity rights of the author or creator of the copyrighted works.

Music 52

Music Moral Rights Copyright Infringement Television 52

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Considering these factors, completely dismissing the idea of a specialized regime to address copyright protection for AI innovations may not be in our best interest. Is It Though?

Moral Rights 94

Moral Rights Copyright Infringement Related Rights Government 94

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. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. 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 ]. 112-1 and L.112-2-10

Moral Rights 84

Moral Rights Cease and Desist Copyright Infringement Copyright 84

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

Blogging 64

Blogging IP Moral Rights Copyright Law 64

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

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

Ownership 70

Ownership Moral Rights Public Domain Intellectual Property 70

SpicyIP

MAY 3, 2023

Such treatment usually amounts to violations of the moral rights of the author. In this post, I shall examine the concept of the moral right of integrity and its potential as a tool in protecting the works of authors posthumously.

Moral Rights 92

Moral Rights Personality Rights Copyright Privacy 92

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

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. – Michael Pham

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Derivative Work Editing Copyright Music 136

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 96

Copyright Intellectual Property Ownership Technology 96

Kluwer Copyright Blog

JUNE 18, 2021

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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 70

Moral Rights IP Intellectual Property Public Domain 70

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 95

Personality Rights Moral Rights Technology Copying 95

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. What lessons, if any, should the Egyptian copyright legislator retain from the CJEU’s last words on the liability regime of the ECD? 147 ECL) and moral rights (art.

Copyright 101

Copyright Moral Rights Copyright Infringement Marketing 101

IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. Aplin, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights 471(Sweet and Maxwell, London, 2010).

Copyright 52

Copyright Music Moral Rights Ownership 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

The IP Law Blog

AUGUST 5, 2021

In other words, there is no specific aspect of patent law, unlike copyright law involving the requirement for a human author or the existence of moral rights, that would drive a construction of the Act as excluding non-human inventors.

Invention 98

Invention Inventor Patent Moral Rights 98

Garrigues Blog

MAY 11, 2021

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Although there are multiple initiatives by Indian Government agencies and even non-governmental organizations and social groups, India lacks a sui generis law to effectuate the protection of TCEs. Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Although there are multiple initiatives by Indian Government agencies and even non-governmental organizations and social groups, India lacks a sui generis law to effectuate the protection of TCEs. Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

IP and Legal Filings

NOVEMBER 10, 2022

The statute of limitations for copyright infringement in Singapore is six years. Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Copyright protection takes effect as soon as this expression takes place.

Copyright 88

Copyright Intellectual Property Registration Copyright Infringement 88