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

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

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

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

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 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. In India, personality rights are not formally recognised. Shroff’s powerful demeanor. Rajagopal v.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

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

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 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

IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” North Star Entertainment Pvt. Ltd ” [10].,

Cinema 98

Cinema Copyright Blogging Registration 98

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. The post Is The ‘Art’ Of Food Plating Copyrightable appeared first on Intepat IP.

Art 52

Art Copyright Artistic Work Moral Rights 52

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

SpicyIP

MAY 23, 2024

However, J Krishna Iyer’s otiose , as he referred to it, footnote to the judgement highlighted the need for legislative exploration to protect the rights of musicians. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” What’s Next?

Music 58

Music Licensing Copyright Moral Rights 58

43(B)log

AUGUST 9, 2024

Cesar Ramirez-Montes, Digital User Rights in the Mexican Supreme Court Potential for global South to think of exceptions/limitations as user rights, using Mexico as a point of reference. Group III: Others, like China’s 3d amendment to Chinese copyright law. Strong emphasis on moral rights in continental Europe.

Fair Use 59

Fair Use Moral Rights Law IP 59

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 64

Copyright Moral Rights Government Public Domain 64

The IPKat

MAY 22, 2023

He referred to research that suggested that over 96% of deepfakes online are pornographic in nature and are of women, which affects their name, brand, personality and what they represent, thereby highlighting the necessity of adequate regulation.

Music 83

Music Intellectual Property Copyright Technology 83

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. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

AUGUST 8, 2021

9] Similarly, there is nothing implied by patent law more generally that would drive a construction of the Act as requiring a human inventor. [10] 10] This can be contrasted with, for example, copyright law which, by its very nature, involves the requirement for a human author and the existence of moral rights. [11]

Inventor 52

Inventor Patent Patent Application Invention 52

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 75

Moral Rights IP Intellectual Property Public Domain 75

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 113

Moral Rights Personality Rights Copyright Privacy 113

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

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

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. ” The composer of a musical composition is the exclusive owner of the work’s copyright. Right to communicate the work to the public.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

The IPKat

SEPTEMBER 30, 2022

Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”. The professor posed a series of provocative questions with reference to NFTs: Are they a private good?

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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. References 1. The Copyright Act, 1957 2. Yoo, Christopher.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

IP and Legal Filings

FEBRUARY 20, 2024

The illegal distribution and sale of t-shirts, magnets, keychains, mugs, stickers, and masks featuring a celebrity’s picture, face, or other connected qualities should not, she emphasised, totally strip these rights of their protection. In order to do this, the law is changing to stop the unrestricted use of the right.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Wheaton is about no federal perpetual copyright, but it is also about what is common/public property as opposed to private property. Natural or moral right to own fruit of labors.

Copyright 59

Copyright Moral Rights Artwork Art 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. 19 December 1996, n.11343),

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. Apart from its topical significance, the judgement will surely act as a ready reference for the courts in the future while deciding on similar issues.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

JANUARY 25, 2025

2) The contents referred to in the preceding paragraph shall be identified by the acronym "IA." (3) 2) The contents referred to in the preceding paragraph shall be identified by the acronym "IA." (3) 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