Copyright and Moral Rights - Intellectual Property Pulse

Intersection of Copyright and Moral Rights: Protecting Creators’ Integrity

Intepat

OCTOBER 23, 2024

In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators.

Moral Rights

Moral Rights Copyright Intellectual Property Copyright Law

Cropping photograph and omitting author's name may infringe moral rights

The IPKat

JUNE 30, 2024

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. 121-2 al 1 of the CPI , the court dismissed infringement of the right of disclosure.

Moral Rights

Moral Rights Copyright Infringement Copyright Advertising

Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

SpicyIP

MAY 3, 2023

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Can legal representatives substitute their own judgement in the vindication of the author’s moral right?

Moral Rights

Moral Rights Intellectual Property Settlement Copyright

Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

IPilogue

SEPTEMBER 28, 2022

The copyright issues that exist in this situation include: unauthorized streaming, unauthorized use of Hamilton content, unauthorized alterations to Hamilton content, and an infringement of an artist’s “moral right” to their copyrighted work. .

Moral Rights

Moral Rights Copyright Fair Use Music

Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

MARCH 14, 2022

Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. As a result, the lifetime of these rights varies greatly between countries. Waiver of moral right of the author permissible?

Moral Rights

Moral Rights Copyright Contracts Law

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

SpicyIP

JULY 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. The Right to Integrity. Image from here.

Moral Rights

Moral Rights Privacy Personality Rights Copyright

My Concerns with the ‘Can’t Be Evil’ NFT Licenses

Plagiarism Today

SEPTEMBER 8, 2022

Last month, a study published by The Galaxy examined the top 25 most valuable NFT projects and found that, despite many understanding that NFTs transferred either the copyright or the license in the original work, only 1 in 25 of those projects even attempted to do as such. Finally, these licenses are limited to copyright only.

Licensing

Striking the Right Chord: How the New MoU and Proposed Standard Agreement Aim to Give Screenwriters, Lyricists, and Composers Their Due Credit

SpicyIP

MARCH 8, 2025

The SWA is a trade union of screenwriters and lyricists, which is not to be confused with the recently registered Screenwriters Rights Association of India (SRAI), which is a copyright society. Before the 2012 amendment, the right to a royalty of these composers and lyricists barely existed. As explained by Prof.

Moral Rights

Moral Rights Music Contracts Copyright

Fresco removal might amount to moral rights infringement

The IPKat

JUNE 20, 2024

Exposing the tangible support of a work to the vagaries of the climate or destroying it outright, might however raise copyright issues, in particular regarding moral rights. After unsuccessfully trying to reach an amicable settlement, they sued Finapar for copyright infringement before the tribunal judiciaire of Lille.

Moral Rights

Moral Rights Copyright Settlement Copyright Infringement

Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

NOVEMBER 22, 2021

, this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre. And who poses moral rights in the work?

Copyright Law

Copyright Law Moral Rights Copyright Law

Copyright Registration in India Online

IP and Legal Filings

FEBRUARY 16, 2025

Complete Guide to Copyright Registration in India Online : Protect Your Creative Work In todays digital era, copyright protection has become essential for creators across the world. In India, the Copyright Act, 1957 governs the registration and protection of creative works. What is Copyright?

Registration

Registration Copyright Ownership Artistic Work

Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

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. This legal provision recognizes the rights of authors even when their identities are obscured.

Copyright

Copyright Moral Rights Ownership Publishing

A musical box infringes author’s moral rights, says the French Cassation Court

The IPKat

MAY 29, 2023

During his lifetime, Trenet assigned his economic rights to these songs to his music publisher, Editions Raoul Breton. After Trenet’s death, all his patrimony (including the moral rights to the songs) were inherited by his friend, Georges El Assidi. PML is a company that manufactures hand crank musical boxes.

Moral Rights

Moral Rights Music Editing Licensing

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

JANUARY 18, 2022

Owning a copy of the book, regardless of how expensive, does not grant them the copyrights in it. The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that.

Copying

Copying Moral Rights Copyright Registration

[Guest post] Anderson.Paak got a new tattoo- and we might have an idea why

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. advance (IP) directive.

Moral Rights

Moral Rights Art Music Copyright

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

Copyright

Copyright Artwork Moral Rights Non-Fungible Tokens

Moral Rights: Considerations for Companies in the United States

JD Supra Law

DECEMBER 14, 2021

There are many common misconceptions about copyrights and other rights associated with the ownership and control of a creative work, such as moral rights. These misconceptions often result in poor contract drafting, which can result in invalid terms and increased risk of conflict. By: SmithAmundsen LLC

Moral Rights

Moral Rights Ownership Contracts Copyright

Moral Rights Case Ends in Settlement

BYU Copyright Blog

JANUARY 23, 2023

According to Mason's Complaint, these changes violated her rights under the Visual Artist Rights Act ("VARA"), a legal provision that incorporates artists' moral rights to preserve the integrity of their creations into United States copyright law, although in a limited manner.

Moral Rights

Moral Rights Settlement Reporting Copyright Law

Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit

TorrentFreak

SEPTEMBER 6, 2024

The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. This type of ‘organized’ copyright infringement is seen as more problematic by rightsholders and in this case, the nature of the clips was all-important too.

Copyright Infringement

Copyright Infringement Copyright Social Media Moral Rights

[Guest post] Universal Copyright Convention – RIP

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

Copyright

Copyright Moral Rights Copying Publishing

St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

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

Moral Rights Fair Use Art Artistic Work

Could Banksy Sue Christopher Walken Over Destroyed Artwork?

Copyright Lately

NOVEMBER 14, 2021

.” Could the street artist claim a violation of his moral rights? It’s quite a feat, which is why I think it would be so entertaining to watch him face off in a courtroom under cross examination by…wait for it…Banksy’s copyright lawyer. But interestingly, most UK copyright experts don’t think that’s the case.

Artwork

Artwork Moral Rights Art Social Media

Limitation period for copyright infringement actions in France

The IPKat

NOVEMBER 23, 2023

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement.

Copyright Infringement

Copyright Infringement Copyright Moral Rights Intellectual Property

Moral rights in Massachusetts

Likelihood of Confusion

MAY 28, 2023

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says it very well himself, actually: The post Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™.

Moral Rights

Moral Rights Copyright Law Reporting Copyright

The Copyright Society Debate: Should Actors Get Royalty?

IP and Legal Filings

SEPTEMBER 21, 2023

Introduction Copyright, much like other IPs, have aimed at not only protecting someone’s right, but also enabling them to garner maximum commercial exploitation from such an exclusive right over their unique creations. Royalties are shared equally with the author(s) and assignee of copyright, eg.

Copyright

Copyright Moral Rights Cinema Music

Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

Copyright

Copyright Public Domain Art Moral Rights

Generative AI and Copyright

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. AI additionally possesses no copyright on the material that it generates. Finally, it is generated by a computer from previously stored data.

Copyright

Copyright Intellectual Property Ownership Technology

Best of 2010: Moral rights in Massachusetts

Likelihood of Confusion

APRIL 30, 2022

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says. The post Best of 2010: Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™. First published April 12, 2010.

Moral Rights

Moral Rights Copyright Law Publishing Reporting

Copyright Ownership with Independent Contractors

Sander Law

AUGUST 24, 2020

Copyright Ownership with Independent Contractors. When hiring an independent contractor to design your logos, artwork and take photographs, it is important to think about who actually owns the copyright in the resulting work. Ownership of Copyright. Generally, the first owner of copyright is the creator of the work.

Ownership

Ownership Moral Rights Copyright Artwork

Protection of Copyrights in Singapore

IP and Legal Filings

NOVEMBER 10, 2022

One of the most important forms of intellectual property is copyright. A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Under Singapore’s Copyright Act , it is a criminal offense for a person or company to conduct wilful copyright infringement.

Copyright

Copyright Intellectual Property Registration Copyright Infringement

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music

Music Copyright Copyright Infringement Moral Rights

Copyright Infringement and Music

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work.

Copyright Infringement

Copyright Infringement Music Moral Rights Copyright

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Image Sources : Gettyimages] One of the important issues in online is copyrights. One such area where copyright violations are common is the internet.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Intellectual Property Ownership

Conundrum Involving The Ownership Of The Work Created By Ai

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

Ownership

Ownership Moral Rights Public Domain Intellectual Property

Nigeria amends its Copyright Act to ratify outstanding copyright treaties and address other issues

The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.

Copyright

Copyright Moral Rights Fair Use Related Rights

Ballad in the mall: the violence of a scene does not give rise to an integrity claim in relation to the background music

The IPKat

SEPTEMBER 26, 2023

A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [ IPKat here , here or here ]. This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. Relying explicitly on article L.

Moral Rights

Moral Rights Music Cease and Desist Contracts

Metadata Ruling Gives YouTube a Timely Boost in Content ID Lawsuit

TorrentFreak

AUGUST 26, 2022

This metadata can be useful to copyright holders, from conveying something as simple as their name and website address to management and monitoring functions. The DMCA recognizes metadata (and other related marks) as Copyright Management Information (CMI) when “conveyed in connection with” a creative work. Code § 1202(a) and (b).

Moral Rights

Moral Rights Copyright Public Domain Copyright Infringement

PROTECTING ARCHITECTURAL WORKS IN THE INDIAN IP REGIME

Intepat

MARCH 13, 2025

In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. Additionally, the architect is also granted moral rights over their work, enabling them to preserve the architectural integrity of the building.

IP

IP Designs Design Artistic Work

An IP-Centric Approach towards AI Regulation in India- Part II

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The second factor – nature of the copyrighted work (i.e.

IP

IP Licensing Fair Use Moral Rights

Fleshing out the copyright in a tattoo

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights

Moral Rights Copyright Artistic Work Artwork

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

Moral Rights

Moral Rights Copyright Infringement Related Rights Government

The Five Essential Copyright-Related Terms You Need to Know

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. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

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

Artwork Public Domain Moral Rights Art

Intersection of Copyright and Moral Rights: Protecting Creators’ Integrity

Cropping photograph and omitting author's name may infringe moral rights

Trending Sources

Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

My Concerns with the ‘Can’t Be Evil’ NFT Licenses

Striking the Right Chord: How the New MoU and Proposed Standard Agreement Aim to Give Screenwriters, Lyricists, and Composers Their Due Credit

Fresco removal might amount to moral rights infringement

Book review: Performing Copyright: Law, Theatre and Authorship

Copyright Registration in India Online

Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

A musical box infringes author’s moral rights, says the French Cassation Court

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

[Guest post] Anderson.Paak got a new tattoo- and we might have an idea why

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Moral Rights: Considerations for Companies in the United States

Moral Rights Case Ends in Settlement

Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit

[Guest post] Universal Copyright Convention – RIP

St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

Could Banksy Sue Christopher Walken Over Destroyed Artwork?

Limitation period for copyright infringement actions in France

Moral rights in Massachusetts

The Copyright Society Debate: Should Actors Get Royalty?

Copyright implications of Augmented Reality for cultural goods – Part 1

Generative AI and Copyright

Best of 2010: Moral rights in Massachusetts

Copyright Ownership with Independent Contractors

Protection of Copyrights in Singapore

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

Copyright Infringement and Music

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

Conundrum Involving The Ownership Of The Work Created By Ai

Nigeria amends its Copyright Act to ratify outstanding copyright treaties and address other issues

Ballad in the mall: the violence of a scene does not give rise to an integrity claim in relation to the background music

Metadata Ruling Gives YouTube a Timely Boost in Content ID Lawsuit

PROTECTING ARCHITECTURAL WORKS IN THE INDIAN IP REGIME

An IP-Centric Approach towards AI Regulation in India- Part II

Fleshing out the copyright in a tattoo

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

The Five Essential Copyright-Related Terms You Need to Know

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

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