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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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,

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Copyright Infringement Music Moral Rights Copyright 52

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. While these clips may not directly hurt revenues, copyrights also have moral rights which include the right to integrity, which could come into play here.

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Copyright Infringement Copyright Social Media Moral Rights 125

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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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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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. Music lovers can now effortlessly stream music from anywhere in the world. Even in restaurants, bars, and lounges, the music is played to entertain their customers, whether by employing DJs or playing music through sound systems.

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Music Moral Rights Television Copyright Infringement 52

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 122

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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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 98

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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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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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

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,

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Copyright Infringement Music Moral Rights Copyright 40

The IPKat

AUGUST 31, 2024

This decision underscores the critical importance of voice as an integral part of a one’s persona, while also highlighting the impact that voice synthesis and cloning technologies have on the publicity and personality rights regime. However, the court did not address this aspect at this stage. [It Meanwhile, the U.S.

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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.

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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 95

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.

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IP Licensing Fair Use Moral Rights 129

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 110

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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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. A massive commercial success, it was Billboard's Year-End Hot 100 single of 2021.

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Copyright Infringement Music Copyright Contracts 52

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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IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

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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

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.

Copyright 52

Copyright Music Moral Rights Ownership 52

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.

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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.

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Copyright Law Copyright Law Music 64

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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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 64

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. For instance, ChatGPT was trained on copyrighted books by J.K. Legal precedents like Midler v.

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Personality Rights Moral Rights Technology Copying 110

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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Registration Copyright Moral Rights Copyright Infringement 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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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 83

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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Intellectual Property Moral Rights Database Right Editing 80

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 59

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.

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SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

Music 58

Music Licensing Copyright Moral Rights 58

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).

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