IP Whiteboard

AUGUST 30, 2020

What about moral rights? While the definition of “artistic work” does not expressly include tattoos, and there are no Australian cases on the point, there doesn’t seem to be a reason that a tattoo couldn’t receive copyright protection as a drawing, painting or potentially a work of ‘artistic craftsmanship’.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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 64

Copyright Moral Rights Fair Use Related Rights 64

SpicyIP

AUGUST 6, 2024

Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. Part II will explore the global context of AI voice cloning and also pose certain questions to consider for similar cases that may arise in the future.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

Kluwer Copyright Blog

DECEMBER 5, 2022

At the same time, AR may be a catalyst for boosting the ecosystem surrounding bodies managing cultural heritage, because an attractive cultural site with entertainment features can definitely have an impact on the local tourism-related industry. When copyright is involved, both economic and moral rights issues are at stake.

Copyright 105

Copyright Public Domain Art Moral Rights 105

The IPKat

NOVEMBER 21, 2021

The annual review covers topics such as the definition of a work, authorship and moral rights. Jan Bernd Nordemann, via the Kluwer Copyright Blog , offers an interesting annual review of the copyright case-law of the German Bundesgerichtshof. The review is published in 4 different parts!

Blogging 75

Blogging IP Moral Rights Copyright 75

The IPKat

MAY 18, 2024

Authorship can be proven by any means, with preference given to those conferring a definite date of creation. In the end, in the absence of any valid authorisation for use, the court was able to hold that the reproduction of the image from the short film ‘Rêve d'enfants’ constituted an infringement of Mr T's economic rights.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

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. Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

APRIL 19, 2023

Protection Of Personality Rights Under Ipr Although the provisions of the country’s current IPR laws can be used as an indirect reference, the law dealing to such a violation of image rights has not received exclusive recognition under Indian law. In Titan industries v.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

43(B)log

AUGUST 11, 2021

Definitely true that they weren’t entirely pragmatic. Deals with © and moral rights, first sale, users rights. Also of course economic rights can provide partial protection for postmortem moral rights. EU didn’t and probably won’t harmonize moral rights, unclear why.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

Kluwer Copyright Blog

NOVEMBER 24, 2022

This question resonates with copyright lawyers as it focuses on the statutory or non- statutory definitions of subject matter, according to both the common law and civil law approaches. Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

SpicyIP

AUGUST 26, 2024

In India, while fictional characters, as stated above, are not categorically enlisted within the statutory definition of “works” under Section 13, this definition has been judicially expanded over the years (covered previously here ). Only Fools the Dining Experience Ltd.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Garrigues Blog

MAY 11, 2021

Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge. In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. Right of paternity: the right to claim authorship of the work.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

IP and Legal Filings

OCTOBER 11, 2022

When it comes to dealing with Personality Rights it is very important to determine who will and who will not be covered under this regime, as previously stated the benefit of the particular rights can only be granted in the case of an Actual influential personality.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

LexBlog IP

FEBRUARY 21, 2024

For these reasons, the copyright agency considered that the analysis showed that the participation of the applicant was limited to providing language instructions to the software, and therefore, he could not be considered to be an author, under the applicable definition in the law.

Copyright 52

Copyright Copyright Law Law Moral Rights 52

LexBlog IP

AUGUST 22, 2023

Relying principally on dictionary definitions, the Second Circuit held that shielding Kerson’s works from view was neither destruction nor distortion nor mutilation, because the acoustic panels did not touch the works. The District Court disagreed, and Kerson appealed. The Second Circuit also disagreed.

Art 52

Art Moral Rights Law Intellectual Property 52

The IPKat

SEPTEMBER 16, 2024

Giulia Dore emphasizes the differing treatments of moral rights between civil law and common law countries, cautioning against harmonization that overlooks these distinctions. Anett Pogácsás examines the divergent legal approaches to copyright waivers, discussing how to mitigate the lack of uniformity.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

Velocity of Content

MARCH 16, 2023

trying to square Google Books with TVEyes ; trying to square the definition of transformative under Section 107 with transformative under 101), UK law is clear. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 9, 2024

Challenges before SCt: (1) freedom of expression under Mexican constitution, contrary to due process and legal principle; (2) lack of definition of key terms did not provide legal certainty. Authors’ rights are designed to protect that intellectual and emotional bond. Strong emphasis on moral rights in continental Europe.

Fair Use 59

Fair Use Moral Rights Law IP 59

43(B)log

AUGUST 11, 2022

So if you bring kids up speaking this language, you will definitely have lost control.] Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? If public function, no, but if private, yes.

Ownership 80

Ownership Moral Rights Copyright Brands 80

43(B)log

JUNE 26, 2023

Anyway, Omega also didn’t contest that the conspiracy allegation was an excluded “criminal act” and knowing violation of rights of another, or that the Lanham Act claims aren’t one of the enumerated offenses in the definition of personal/advertising injury. The Virginia ROP “protects both a property interest and a right to privacy.”

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. xxvi] Will Kenton, Definition of ‘Bilateral Monopoly’ , Investopedia[link] (last visited Mar. Zywicki & Thomas J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

FEBRUARY 12, 2024

Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. There would also be the need to address how moral rights would operate in the context of a compulsory acquisition.

Copyright 64

Copyright Moral Rights Government Public Domain 64

LexBlog IP

AUGUST 8, 2021

10] This can be contrasted with, for example, copyright law which, by its very nature, involves the requirement for a human author and the existence of moral rights. [11] 12] See the definitions of “author” and “maker” in section 189 of the Copyright Act 1968 (Cth). [13] ” [7]. 8] Thaler at [15]. [9]

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Inventor Patent Patent Application Invention 52

SpicyIP

FEBRUARY 27, 2024

Google, particularly looking into ‘consent’ and the moral rights of a performer. Then Spadika Jayaraj’s entertaining two-part series (See here and here ) on the Kuchipudi Copyright Conundrum would challenge us to think deeper, questioning how performance rights mesh with tricky definitions of dramatic and cinematic works.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Kluwer Copyright Blog

DECEMBER 20, 2022

Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. By contrast, the author of a simple photograph is not granted any moral right.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

Kluwer Copyright Blog

MARCH 28, 2022

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. First, the Corte di Cassazione argued that the quotation exception provision, per definition, allows only partial reproductions of protected works.

Copyright 52

Copyright Art Law Moral Rights 52

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception.

Art 52

Art Artwork Law Moral Rights 52

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body.

IP 124

IP Copyright Trademark Intellectual Property 124

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 105

Art Copyright Moral Rights Fair Use 105

The IPKat

NOVEMBER 1, 2022

The last chapter in this section then outlines the various definitions and approaches to the term ‘artificial intelligence’, arguing for new terminology. Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. the programmer, the user, or the AI itself).

Copyright 98

Copyright Moral Rights IP Privacy 98

Kluwer Copyright Blog

MARCH 13, 2023

To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V. GFF) has commissioned Dr. Till Kreutzer ( iRights.Law ) to propose a copyright-specific definition of pastiche as transposed into German copyright law. One example would be the use of a song for a right-wing political campaign.

Copyright Law 64

Copyright Law Copyright Law Music 64

IP and Legal Filings

FEBRUARY 20, 2024

The key provisions employed in copyright law include Section 2(qq), which provides a definition of a performer and clarifies whether personality falls within the scope of a performer; and Section 38, which allows for the enforcement of performer rights and effectively prohibits the unauthorised commercialization of a performance Protection under Section (..)

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

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. Definition of a work (Sections 2-5 UrhG). Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

MAY 25, 2022

The Equality Act does not define religion or belief , with the explanatory note making clear belief has a broad definition , and one consistent with the rights guaranteed under Article 9 of the European Convention on Human Rights. by Adrian Aronsson-Storrier Also Kats believe in and wish for many things.

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

43(B)log

APRIL 7, 2023

The Global Internet and Its Workable, Bespoke, Patchwork Regulation Justin Hughes, Loyola University Los Angeles John Perry Barlow’s Declaration of Independence of Cyberspace: a full repudiation of the lack of gov’t authority or moral right to rule cyberspace.

Art 45

Art Copyright Settlement Privacy 45