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

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

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 131

Intellectual Property Intellectual Property Law Moral Rights Editing 131

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.

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Derivative Work Copyright Law Copyright Law 104

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

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 64

Moral Rights Intellectual Property Copyright Law Copyright 64

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

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

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

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

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

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.

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IP Art Moral Rights Registration 83

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, 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

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

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 70

Ownership Moral Rights Public Domain Intellectual Property 70

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 84

Moral Rights Cease and Desist Copyright Infringement Copyright 84

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.

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Moral Rights IP Intellectual Property Public Domain 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 94

Moral Rights Copyright Infringement Related Rights Government 94

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

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.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

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 60

Intellectual Property Law Intellectual Property Law Public Domain 60

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

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

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

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 143

Artwork Public Domain Moral Rights Art 143

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

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. REFERENCES [link] [link] [link] [link] [link] [link] [link] [link] [link] [link] [link] [1] [link] [2] Supra note 4 at s.

Copyright 52

Copyright Music Moral Rights Ownership 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Copyright Law. The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Copyright Law. The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 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

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 133

Art Artwork Copying Moral Rights 133

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 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork.

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Intellectual Property Designs Design Artwork 59