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. This would make herself a right holder to her music again, in control over where and how it was being used.

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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. Facts Mr M. Facts Mr M.

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Moral Rights Music Cease and Desist Contracts 70

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.

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Music Copyright Copyright Infringement Moral Rights 80

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).

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Copyright Artwork Moral Rights Non-Fungible Tokens 117

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. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

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Copyright Intellectual Property Ownership Technology 89

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?

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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.

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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.

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Copyright Moral Rights Copyright Law Registration 105

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.

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Copyright Infringement Copyright Moral Rights Intellectual Property 117

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.

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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. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article. & Simon J.

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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. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 131

The IPKat

FEBRUARY 20, 2023

While Sanremo is over for this year, this Kat is still musing on possible IP issues during the most appreciated Italian music show. The general rule at the EU level is that street art can be protected by copyright like any other work. What happened on and off the stage of Sanremo? Consequently, according to Law 22.04.1941 No.

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Art Music Artwork Social Media 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.

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IP and Legal Filings

APRIL 26, 2023

Introduction The Indian Copyright Act of 1957 protects and recognizes cinematograph films as a form of creative work. 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.

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Copyright Music Moral Rights Ownership 52

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.

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Moral Rights Copyright Intellectual Property Licensing 52

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.

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Copyright Moral Rights Government Public Domain 60

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.”

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Ownership Moral Rights Copyright Publishing 44

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

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Copyright Intellectual Property Moral Rights Ownership 94

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

Copyright has been referred to as the creation of a statute under the private property of law that has its subsistence in the various types of works. The law governing the regime of copyright in India is the Copyright Act of 1957. Procedure to be followed for copyright registration.

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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.

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Copyright Moral Rights Copyright Law Registration 40

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. streamers) broadcast themselves to an audience doing almost anything including playing video games, cooking, making music, performing ASMR, walking around in public, debating politics, etc.

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Music Moral Rights Copyright IP 102

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.

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Ownership Moral Rights Public Domain Intellectual Property 62

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.

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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.

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Moral Rights Intellectual Property Editing Copyright Infringement 56

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.

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Copyright Moral Rights Artwork Art 57

IPilogue

NOVEMBER 30, 2021

If an image is attached to an NFT, does that mean I own the copyright for that image? Where an NFT buyer has purchased an image, they do not necessarily receive the copyright associated with that image. Similarly, if you purchase a painting, you do not assume the copyright over that painting once you have purchased it.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Copyright gives protection to expressions only and not to ideas. Broad classification of ‘works’ which are protected by copyright are-.

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Intellectual Property Moral Rights Designs Design 52

The IPKat

MAY 11, 2022

COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. Kluwer Copyright Blog has posted about the outcome of the Court of Justice of the European Union's decision in Case C-401/19 - Poland v. Foss Patents comments on Epic's PI motion.

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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. Let’s dive in.

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Moral Rights Publishing Copyright Music 93

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.

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Music Intellectual Property Copyright Technology 80

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.

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IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR. This marks a significant shift in the prevailing paradigm.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 105

IP and Legal Filings

JUNE 29, 2024

Baby Gift House was amongst one of the first cases to delve into the commercial aspect of personality rights. [5] In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Parody basically means a humorously exaggerated imitation of someone.

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Personality Rights Fair Use Privacy Intellectual Property Law 82

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. For comparison, U.S.

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Designs Design Copyright Artistic Work 52

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.

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