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 144

Moral Rights Copyright Public Domain Copyright Infringement 144

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.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

The IPKat

AUGUST 31, 2024

Simply Life India, which stated: The celebrity's right of endorsement would in fact be a major source of livelihood for the celebrity, which cannot be destroyed completely by permitting unlawful dissemination and sale of merchandise … bearing the face or attributes of their persona on it without their lawful authorisation. Meanwhile, the U.S.

Personality Rights 131

Personality Rights Moral Rights Music Technology 131

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 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

Blogging 69

Blogging IP Moral Rights Copyright Law 69

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 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 78

Moral Rights Database Right Designs Design 78

The IPKat

JANUARY 11, 2023

What moral rights looked like in the 12th century—the story of "Guide of the Perplexed" Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The Guide of the Perplexed”. Parody under copyright and trade mark law: key guidance from Zorro.

Moral Rights 53

Moral Rights Copyright Reporting Law 53

The IPKat

MAY 11, 2022

In April 2022, the EU Commission's impact assessment report looking at the situation of CIPs in the EU showed that the lack of an adequate legal regime " creates a disincentive to investment in traditional crafts in the EU, adding up to increased costs and legal uncertainty for producers ". What are the next steps?

Blogging 64

Blogging IP Moral Rights Registration 64

The IPKat

DECEMBER 10, 2021

A Kat contemplating the complex beauty of the universe Copyright Adele has stolen the spotlight with her new album and also with a special request to Spotify to disable its shuffle button so that listeners could listen to the album the way the artist intended. SpecialKat Tian Lu wrote a short summary of the report.

Moral Rights 69

Moral Rights Intellectual Property Contracts Reporting 69

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

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

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

The IPKat

MARCH 26, 2024

Patents Rose Hughes reported on the first substantive decision of the UPC Court of Appeal, which reversed the preliminary injunction in 10x Genomics v NanoString. She discusses the stronger bargaining power that authors and performers have under EU law, as well as the role of moral rights in protecting authors.

Moral Rights 59

Moral Rights Intellectual Property Registration Copyright 59

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 59

Moral Rights Intellectual Property Editing Copyright Infringement 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. The article reports that in the first edition, about 10% of the text was removed, with particular attention to avoid any whiff of religious irreverence. How well do they do?

Moral Rights 64

Moral Rights Editing Publishing Licensing 64

Kluwer Copyright Blog

OCTOBER 19, 2022

It discusses the concept of overriding mandatory provisions and its potential application to relevant rules of (copyright) contract law, as well as t he specific private international law regimes foreseen by the Rome I Regulation for employment and consumer contracts. Overriding mandatory provisions.

Contracts 52

Contracts Law Copyright Intellectual Property 52

SpicyIP

OCTOBER 6, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. All Right” for Who? Lalit Kumar v.

Registration 105

Registration Copyright Licensing Trademark 105

Kluwer Copyright Blog

OCTOBER 17, 2022

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

JIPEL Copyright Blog

NOVEMBER 30, 2021

Not only is there vast money to be made in creating NFTs—a recent Hiscox report found that NFT art sales have already hit $3.5 As artists increasingly express themselves through NFTs, will their moral rights be protected? But would a court ever attribute moral rights to the author of an NFT?

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

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 83

Music Intellectual Property Copyright Technology 83

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 This will need to be reflected in any contract, as the starting position under English law is that the owner of any copyright will be the author (subject to some exceptions).

Marketing 57

Marketing Marketing Contracts Branding 57

LexBlog IP

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 This will need to be reflected in any contract, as the starting position under English law is that the owner of any copyright will be the author (subject to some exceptions).

Marketing 52

Marketing Marketing Contracts Branding 52

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

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

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

The IPKat

SEPTEMBER 30, 2022

And here is the second part of the report about the intense day of study dedicated to the memory of Prof. 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. In particular stated that new Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

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 64

Copyright Moral Rights Fair Use Related Rights 64

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

TorrentFreak

JUNE 8, 2023

Widespread Abuse Kulturen reported hearing from 20 Danish actresses affected by this issue, which some describe as abuse and being molested. In this case, the Rights Alliance also reported the issue to the police, on behalf of the Danish Actors’ Association and the respective rightsholders.

Moral Rights 113

Moral Rights Copyright Reporting Copyright Infringement 113

SpicyIP

JULY 11, 2021

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Garrigues Blog

MAY 11, 2021

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. However, it is a little known right in the industry and it is advisable to make use of it because it offers authors several advantages.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

SpicyIP

JULY 14, 2023

He took no offense when I teased him about the lack of an Indian contribution to copyright. That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Copyright and Author’s Rights The publishers wrote the history of Anglo-American copyright.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

SpicyIP

JULY 13, 2021

The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court. Another point of engagement was the copyrightability of a celebrity’s life. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

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. Rosenblatt: compare credit to avoid copyright disputes.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

LexBlog IP

AUGUST 31, 2022

Jacobs on the copyright side. The episode of the program in which the interview aired led into the interview with news clips reporting allegations from the time of Judge Moore’s Senate campaign that he had engaged in sexual misconduct as an adult, including with one woman who was fourteen at the time. constitutional system.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

The IPKat

NOVEMBER 21, 2021

The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. Miramax seems to be doing the same thing in its lawsuit against Tarantino for allegedly infringing on its copyrights to the film and the NFTs involved.

Blogging 75

Blogging IP Moral Rights Copyright 75