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

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

Kluwer Copyright Blog

FEBRUARY 28, 2024

In 2013, after a decade of litigation, accompanied by a counterpoint of shifts in the book publishing industry driven by rapid technological change, Judge Chin ultimately found that Google’s scanning of the books amounted to fair use of those works. As such, it was permissible under United States copyright law. copyright law.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

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). Copyright is not extended to them but the new law envisages sui generis regimes for them.

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 72

Moral Rights Copyright Music Art 72

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 IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. 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. But it also includes the reproduction of a portrait of a young woman.

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

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

IP and Legal Filings

NOVEMBER 10, 2022

Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

Copyright 97

Copyright Intellectual Property Registration Copyright Infringement 97

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

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

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Overview of the Egyptian Copyright Law. 147 ECL) and moral rights (art. by Tito Rendas. €

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

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. Copyright issue on music back sound usage by Indonesian YouTuber.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 16, 2024

Ana Lazarova discusses the varied regulations among EU member states concerning neighboring rights and the implications for implementing the new press publishers' right under Article 15 of the DSMD. Anett Pogácsás examines the divergent legal approaches to copyright waivers, discussing how to mitigate the lack of uniformity.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

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

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 59

Art Copyright Moral Rights Cease and Desist 59

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

SEPTEMBER 30, 2022

8 of WIPO Copyright Treaty , stating that providing 'physical facilities' did not amount to communication to the public. In particular stated that new Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

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. This apparent favoritism towards producers is now being questioned. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. 277 (2020). [iv] iv] Maxwell L.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. As many readers know, U.S. VARA is part of U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

43(B)log

AUGUST 9, 2024

Previously, Mexican law already had remedies for © owners. Comparative analysis of US law; cited EFF on DMCA’s effects. Grand Chamber arrived at a different conclusion in May/June 2024, but have not published reasoning. Group III: Others, like China’s 3d amendment to Chinese copyright law.

Fair Use 59

Fair Use Moral Rights Law IP 59

The IPKat

NOVEMBER 29, 2021

published recently in open access (review of Parts I and II, here ). After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed.

Intellectual Property 75

Intellectual Property IP Moral Rights Law 75

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne. Rameshwari Photocopy Services & Anr. ,

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 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

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action.

Copyright 52

Copyright Art Law Moral Rights 52

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. HarperCollins Publishers India Pvt. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

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

The IPKat

NOVEMBER 1, 2022

Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. This book is essential reading for those engaging with the debate around the development of the new copyright text and data mining exception in the UK.

Copyright 98

Copyright Moral Rights IP Privacy 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Definition of a work (Sections 2-5 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

JANUARY 25, 2025

AI development/training The Vatican AI Guidelines inter alia state that the extraction and reproduction of content in the use of AI systems and models must comply with Vatican copyright law. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g.,

Ownership 140

Ownership Copyright Music Moral Rights 140