The IPKat

MARCH 18, 2023

This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 79

Intellectual Property Moral Rights Database Right Editing 79

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. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Natural or moral right to own fruit of labors.

Copyright 59

Copyright Moral Rights Artwork Art 59

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. But call it "editing", and furrows on one's brow are less likely. Further editions followed. Thomas did so only for the later editions, starting with the 1818 edition.

Moral Rights 63

Moral Rights Editing Publishing Licensing 63

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Copyright involves the exclusive right to reproduce and distribute the original work.

Music 52

Music Moral Rights Television Copyright Infringement 52

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights. A Kat waiting for the next IP case.

Moral Rights 58

Moral Rights Intellectual Property Editing Copyright Infringement 58

The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. In 2011, Mr T directed and edited a short film entitled “ Rêve d'enfants ”.

Moral Rights 63

Moral Rights Cinema Copyright Infringement Copyright 63

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 68

Intellectual Property Moral Rights Registration Editing 68

The IPKat

DECEMBER 12, 2023

This is a book review of Reforming Intellectual Property , edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome.

Intellectual Property 74

Intellectual Property Intellectual Property Law Moral Rights Editing 74

The IPKat

MAY 22, 2023

This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. This has become a lingering question in the minds of consumers of online content.

Music 82

Music Intellectual Property Copyright Technology 82

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. What is it about the technology involved in LLMs that creates a copyright concern? Shumaker: How does CCC’s business model relate to the copyright questions about AI? Respect for copyright advances both science and art.

Licensing 52

Licensing Social Media Copyright Publishing 52

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Kluwer Copyright Blog

FEBRUARY 7, 2022

Copyright and Artificial Intelligence (AI) or, more specifically, Machine Learning (ML) has become a hotly debated topic. The UK government has just finished another round of consultations, this time focusing on AI and copyright, and with a specific goal to initiate legislative reform soon. The missing bit: moral rights.

Moral Rights 111

Moral Rights Copyright IP Intellectual Property Law 111

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. The full article can be read in the Journal of the Copyright Society. A prominent concern is the right of reproduction. 13 Other arguments to limit the reach of the right exist.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] The court’s holding provides clarity for others who possess works protected by VARA that they may wish to shield from public view. 4th 257 (2d Cir.

Art 52

Art Artwork Law Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

JANUARY 23, 2024

. • Study Guide to the Patents Acts (14th edition), by Doug Ealey. 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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

Kluwer Copyright Blog

NOVEMBER 24, 2022

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. A systematic study on the copyright of children is yet to be attempted. A systematic study on the copyright of children is yet to be attempted. Copyright paradigms and creative practices. 1197 and C?683/17

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

The IPKat

FEBRUARY 20, 2024

Copyright Katfriend Seun Lari-Williams discussed the implications of the provision of Nigeria’s new Copyright Act which explicitly deems copyright as "movable property" for the purpose of the Constitution. There are also interesting questions about whether the deeming of copyright as "moveable property" is constitutional at all.

Moral Rights 68

Moral Rights Intellectual Property Editing Inventor 68

IPilogue

MARCH 29, 2023

In March 2022, the Canadian Intellectual Property Office (“CIPO”) allowed its first artificial intelligence (AI)-authored copyright registration of a painting co-created by the AI tool, RAGHAV Painting App (“RAGHAV”), and the IP lawyer who created RAGHAV, Ankit Sahni. RAGHAV is the first non-human “author” of a copyrighted work.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. 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 71

Moral Rights Copyright Music Art 71

Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Moral Rights 59

Moral Rights Television Copyright Intellectual Property 59

The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February. Consequently, according to Law 22.04.1941 No.

Art 98

Art Music Artwork Social Media 98

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Emphasis added.) It defines the extent of protection.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

MARCH 25, 2025

The Handbook of Fashion Law, edited by Eleonora Rosati and Irene Calboli, masterfully managed to fill this gap. Remarkably, AG Szpunar also delivered the Opinion in Cofemel ( C-683/17 ), playing a crucial role in shaping the Courts approach to copyright protection for fashion designs.

Law 58

Law Intellectual Property IP Branding 58

Kluwer Copyright Blog

AUGUST 26, 2024

On the first point, our review of the available empirical evidence (based on the catalogued studies on the Copyright Evidence database and preliminary survey findings from a survey of UK-based audiovisual performers) suggests that ‘typical’ creative labour, performances included, trend towards being undervalued.

Higher Education 84

Higher Education Marketing Marketing Contracts 84

IPilogue

MARCH 29, 2023

RAGHAV is the first non-human “author” of a copyrighted work. However, Canadian courts claim that “[c]learly a human author is required to create an original work for copyright purposes” (para 88). If the machine produced the expressive elements of the work, it is not copyrightable.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

The IPKat

SEPTEMBER 30, 2024

The Ukrainian IP Office recently announced that it has registered several works that, in addition to copyrightable content, also included artificial intelligence (AI) generated images protected under the new Ukrainian sui generis right for computer-generated subject-matter. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections. Inuit Art Foundation’s website.

Art 105

Art Moral Rights Artwork Editing 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. Lucius Klobucnik calls for a harmonized approach to the categorization of rights in Europe to streamline online music licensing, comparing EU and US perspectives.

Intellectual Property Law 63

Intellectual Property Law Intellectual Property Law Public Domain 63

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Taking him at his word: Did Twain infringe her common-law copyright? Shani Shisha, Copyright Pragmatism Formalities provoked a strong pragmatic reaction from courts. A lot of them involve courts thinking about statutory copyrights. Told story “repeated word for word as I heard it.”

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works.

Copyright 52

Copyright Art Law Moral Rights 52

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

Kluwer Copyright Blog

FEBRUARY 15, 2023

It does seem a bit one-sided in making it sound (to me, anyway) like people, governments or courts who oppose copyright protection of AI-generated works are fighting a rear guard battle and that at some point copyright protection of such works will almost “naturally” happen. Copyright Act, R.S.C.

Copyright 143

Copyright Moral Rights Blogging Editing 143

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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. 4, (2) UrhG. [1].

Moral Rights 52

Moral Rights Law Copyright 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