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 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

Likelihood of Confusion

MAY 28, 2023

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says it very well himself, actually: The post Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™.

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Moral Rights Copyright Law Reporting Copyright 40

BYU Copyright Blog

JANUARY 23, 2023

According to Mason's Complaint, these changes violated her rights under the Visual Artist Rights Act ("VARA"), a legal provision that incorporates artists' moral rights to preserve the integrity of their creations into United States copyright law, although in a limited manner.

Moral Rights 52

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Likelihood of Confusion

APRIL 30, 2022

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says. The post Best of 2010: Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™. First published April 12, 2010.

Moral Rights 40

Moral Rights Copyright Law Publishing Reporting 40

Kluwer Copyright Blog

FEBRUARY 28, 2024

As such, it was permissible under United States copyright law. Since there was no appreciable harm to the copyright owners, according to the Court – quite the contrary –it was clearly acceptable under the terms of United States copyright law. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 138

Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 13 Other arguments to limit the reach of the right exist. See 17 U.S.C. § ↩︎ See id.

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Derivative Work Copyright Moral Rights Copyright Law 52

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

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.

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Moral Rights Fair Use Art Artistic Work 49

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 112

Moral Rights Copyright Infringement Related Rights Government 112

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

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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 72

Moral Rights Copyright Music Art 72

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 69

Moral Rights Intellectual Property Copyright Law Copyright 69

IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. What about copyright infringement? Old Laws Protect New Trends.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

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

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 105

Copyright Moral Rights Copyright Infringement Marketing 105

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 64

Intellectual Property Law Intellectual Property Law Public Domain 64

The IPKat

JANUARY 25, 2022

The copyright lawyer might well respond with a glazed look. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction. Using a part of the photo of the Larivière painting on a book cover is certainly that. But of course. But this is not the case for works of art.

Art 134

Art Artwork Copying Moral Rights 134

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 90

Ownership Moral Rights Public Domain Intellectual Property 90

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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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 69

Blogging IP Moral Rights Copyright Law 69

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.

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Invention Inventor Patent Moral Rights 98

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 85

IP Art Moral Rights Registration 85

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 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. This would encourage the development of AI, in a manner that is respectful of copyright law and the human creators whose work is being used as part of training datasets. For coding, there is The Stack , a 6.4

IP 129

IP Licensing Fair Use Moral Rights 129

Intepat

MARCH 13, 2025

Architectural works are also classified as artistic works, and hence, architects and designers are accorded the same rights provided for artistic works under Section 13 and 14 of the Act. Additionally, the architect is also granted moral rights over their work, enabling them to preserve the architectural integrity of the building.

IP 52

IP Designs Design Artistic Work 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

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

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 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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

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

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 110

Personality Rights Moral Rights Technology Copying 110

The IPKat

FEBRUARY 20, 2023

The first one relates to street art and graffiti and how they are protected under the Italian law. Consequently, according to Law 22.04.1941 No. 633 , copyright protection is granted to all creative intellectual works, irrespective of the manner in which they are expressed (Article 1).

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Art Music Artwork Social Media 98

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

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

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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

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 78

Moral Rights Artwork Fair Use Copyright 78

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 Television Copyright Infringement 52