The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. In turn, all this means that moral rights protection does vary significantly from country to country.

Artwork 94

Artwork Moral Rights Art Litigation 94

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 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

Velocity of Content

MARCH 16, 2023

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). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 30, 2022

Rosaria Romano underlined how ‘copyright’ has become over the years a tool for providing a legal framework to works that are all but homogeneous but that still present common characteristics. 8 of WIPO Copyright Treaty , stating that providing 'physical facilities' did not amount to communication to the public.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

IPilogue

FEBRUARY 25, 2022

Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. In the last couple of weeks, this has led to the “ React Meta ”, where streamers broadcast copyrighted TV shows and react with their viewers. Twitch Popularity. DMCA and Twitch.

Music 102

Music Moral Rights Copyright IP 102

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

SpicyIP

JULY 13, 2021

However, the absence of a formal codification or determinative theory of post mortem publicity rights in India, depicts that they have not gained the necessary traction and a firm legal foothold as demanded. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

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

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 69

Intellectual Property Moral Rights Registration Editing 69

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 61

Intellectual Property Moral Rights Privacy Copyright Infringement 61

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

43(B)log

AUGUST 11, 2022

Linguistic Relativity and Its Implications for Section 230 and Copyright Christopher S. Constructed languages: attempts to use copyright to protect them. Copyright claims attempted to preserve/protect/avoid splits. Especially when done for dramatic purposes: should it be copyrightable? Tolkien: C&D, but no lawsuits.

Ownership 80

Ownership Moral Rights Copyright Brands 80

Velocity of Content

APRIL 30, 2024

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? Catherine Zaller Rowland: CCC was established in 1978, coinciding with the effective date of the 1976 Copyright Act. Rowland: Yes. Moreover, outside the U.S.,

Licensing 52

Licensing Social Media Copyright Publishing 52

43(B)log

AUGUST 9, 2024

Implementation also covers TPMs though overrides protections for out of copyright works. Marketa Trimble, Cross-Border Exceptions and Limitations to Copyright: “Powered by AI” Not interested here in whether training infringes/using AI as an example of a process. Group III: Others, like China’s 3d amendment to Chinese copyright law.

Fair Use 59

Fair Use Moral Rights Law IP 59

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

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Olartemoure Blog

MAY 13, 2022

Last week, The UK’s High Court, recognized NFTs (non-fungible tokens) as property , separate from the underlying right they represent, capable of being frozen by way of an injunction. . The ruling opens a debate about what owning an NFT implies.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 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

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

43(B)log

AUGUST 5, 2021

That’s not nothing and litigated cases aren’t everything, but wants to focus on publicity interests of average citizens: the pleasurable servitude problem. Moral rights as a solution? ROP is also criticized when applied to use of celebrity personae in expressive works. Is that a preference for amusement over discourse?

Privacy 45

Privacy Social Media Moral Rights Litigation 45

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Rosen: Moral rights? [he

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP Close Up

NOVEMBER 26, 2024

Private property rights like patents that cover inventions promote a growing innovation economy and a flourishing society. Without them there would be idle curiosity, but Continue reading

Patent Infringement 88

Patent Infringement Patent Invention IP 88

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Read Yogesh’s detailed post examining the issues concerning copyrightability, permanent fixation, and the mural’s setting. Other Posts Is the Writing on the Wall? Art Sassoon Dock mural controversy.

Trademark 103

Trademark Fair Use Moral Rights Art 103

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. copyright: (1) Food/chemicals (physicality, unlike ©; easy to establish stringent rules b/c it’s allowed v. 3) competition and (4) digital economy—copyright is potentially an aspect of both of those; DSA also relevant. Copyright holders/fair users?

Art 45

Art Copyright Settlement Privacy 45

The IPKat

DECEMBER 5, 2021

Also, is there a connection between this story and a possible infringement of the author's moral rights? Is the album per se, conceived as a particular sequence of songs, a work that is the result of the author's "free and creative choices" and thus deserving of the protection of the moral right of integrity?

Moral Rights 143

Moral Rights Music Television Copyright 143