The IPKat

JANUARY 23, 2024

And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and Copyright Law, by Enrico Bonadio and Chen Zhu. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

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

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). It also once again confirms the strong protection of moral rights in Ukrainian copyright law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

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 70

Moral Rights Copyright Music Art 70

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

Kluwer Copyright Blog

JUNE 18, 2021

The exclusive right of performers to make their works available to the public becomes the cornerstone of BTAP as the first international text to establish this provision in the digital environment (encompassing films, videos, television programmes, etc.). Key aspects of the Beijing treaty. by Tito Rendas. € by Martin Senftleben. €

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

NOVEMBER 19, 2023

Image via Pexels Katfriend Mindia Davitadze commented on the fact that Georgia recently became the 5th validating state to the European Patents Organisation by signing the Validation Agreement and promising to bolster the protection of intellectual property rights within the industrial sector.

Moral Rights 67

Moral Rights Intellectual Property Copyright Law Copyright 67

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

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.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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 67

Blogging IP Moral Rights Copyright Law 67

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.

Ownership 80

Ownership Moral Rights Public Domain Intellectual Property 80

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 ].

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

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

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 102

Copyright Moral Rights Copyright Infringement Marketing 102

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

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

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

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

LexBlog IP

FEBRUARY 21, 2024

In addition, protectable works are required to be original, and originality is understood to refer to the particular features of the creation, which makes them identifiable as becoming from the intellectual activity and expression of the author.

Copyright 52

Copyright Copyright Law Law Moral Rights 52

SpicyIP

MAY 1, 2023

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. Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context?

IP 129

IP Licensing Fair Use Moral Rights 129

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

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 96

Copyright Intellectual Property Registration Copyright Infringement 96

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

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

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

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

IP and Legal Filings

JANUARY 23, 2023

The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

Non-Fungible Tokens 97

Non-Fungible Tokens Copyright Intellectual Property Ownership 97

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 76

Moral Rights Artwork Fair Use Copyright 76

The IPKat

FEBRUARY 20, 2023

In other words, while in some instances activities resulting in street art can fall within the scope of Articles 639 and 635 of the Italian Criminal Code (respectively, in relation to littering or damaging someone else’s property), the street art in itself can be protected under copyright law.

Art 98

Art Music Artwork Social Media 98

IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

SpicyIP

JULY 14, 2023

Becket , thus confirming the English line of descent for American copyright law. Property is not an inalienable right in the American Declaration of Independence. Comparative studies of the Vedic philosophy of self and the moral right of the author, the Berne Convention, and IPRS v.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

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

Velocity of Content

DECEMBER 4, 2024

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. 13 Other arguments to limit the reach of the right exist. See 17 U.S.C. § 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 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. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work.

Music 97

Music Copyright Copyright Infringement Moral Rights 97

IP and Legal Filings

JUNE 29, 2024

Entertainment, a company incorporated by the famous music composer, singer and lyrist Daler Mehndi, sought a permanent injunction prohibiting infringement of his publicity rights and deceptive endorsements that could result in passing off. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97