IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

IPilogue

NOVEMBER 30, 2022

These paintings that saved her life are currently held in the Auschwitz-Birkenau Memorial and Museum in Poland, despite her pleas for their return: “They are definitely my own paintings; they belong to me, my soul is in them, and without these paintings, I wouldn’t be alive.”.

Art 106

Art Copyright Moral Rights Fair Use 106

The IPKat

MARCH 24, 2023

This aligns with (but is not similar to) the definition of "audiovisual fixation" and 'audiovisual work' in Article 2 of the Beijing Treaty a nd proposed section 1(1) of South Africa's Copyright Amendment Bill , respectively. See the definition of “beneficiary person” in section 26(7)(d).

Copyright 80

Copyright Moral Rights Fair Use Related Rights 80

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 11, 2021

Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. Definitely true that they weren’t entirely pragmatic.

Ownership 44

Ownership Moral Rights Copyright Publishing 44

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98