The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. Hayleigh Bosher reviewed the book entitled “Research Handbook on Intellectual Property and Cultural Heritage” and edited by Irini Stamatoudi. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

Moral Rights 58

Moral Rights Intellectual Property Editing Copyright Infringement 58

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Along with the economic rights granted by copyright, the copyright holder also has moral rights. India is a signatory to the Berne Convention, and Article 6bis of that Convention protects moral rights, commonly known as the paternity rights of the author or creator of the copyrighted works.

Music 52

Music Moral Rights Television Copyright Infringement 52

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. Copyright implies exclusive prerogatives.

Copyright 105

Copyright Public Domain Art Moral Rights 105

The IPKat

DECEMBER 12, 2023

This is a book review of Reforming Intellectual Property , edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome.

Intellectual Property 74

Intellectual Property Intellectual Property Law Moral Rights Editing 74

The IPKat

MAY 18, 2024

In 2011, Mr T directed and edited a short film entitled “ Rêve d'enfants ”. 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 63

Moral Rights Cinema Copyright Infringement Copyright 63

IP and Legal Filings

MAY 13, 2024

Besides having access to their financial rights, creators frequently have moral rights, such as the ability to claim attribution (identification as the creator) and the right to maintain the integrity of their creations.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

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.

Intellectual Property 68

Intellectual Property Moral Rights Registration Editing 68

43(B)log

FEBRUARY 19, 2022

(c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. Rests on natural moral right to enjoy products of own exertion and no interference with anyone’s right to do likewise.

Copyright 59

Copyright Moral Rights Artwork Art 59

Art Law Journal

AUGUST 18, 2022

As a rule of thumb, creating a limited-edition fine art piece would likely not require a release, but if you want to put that image on a t-shirt to sell at Target, you would need one. . So, the issue an artist needs to consider is not how or where the image was taken or created (i.e., fine art vs. commercial purpose).

Publishing 85

Publishing Art Contracts Artwork 85

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

The IPKat

MAY 22, 2023

It grants performers economic rights as well as moral rights, giving them the ability to protect their image as well as benefit financially, which directly provides a legal framework that deals with deepfakes and performance synthetization.

Music 82

Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

FEBRUARY 7, 2022

The missing bit: moral rights. Moral rights have not been sufficiently discussed in the context of AI/ML. Moral rights generally include the paternity right (the right to be attributed as the/an author of the work) and the integrity right (the right not to have the work mutilated).

Moral Rights 111

Moral Rights Copyright IP Intellectual Property Law 111

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. there are issues relating to moral rights and other considerations. You can read a detailed account of the webinar in the May 2024 issue of Information Today. Dave Shumaker: It’s a pleasure to be speaking with you.

Licensing 52

Licensing Social Media Copyright Publishing 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. 17 U.S.C. §

Art 52

Art Artwork Law Moral Rights 52

Velocity of Content

DECEMBER 4, 2024

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. ↩︎ For example, mounting pages from art books on tiles as in Mirage Editions, Inc. 209, 231 n.75

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

JANUARY 23, 2024

. • Study Guide to the Patents Acts (14th edition), by Doug Ealey. 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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

FEBRUARY 20, 2024

Intellectual Property Generally Katfriend Thorsten Lauterbach reviewed the book, Teaching Intellectual Property Law: Strategy and Management , edited by Sabine Jacques and Ruth Soetendorp (in which this Kat co-authored a chapter). The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 68

Moral Rights Intellectual Property Editing Inventor 68

Kluwer Copyright Blog

NOVEMBER 24, 2021

The BGH reasoned that a claim for non-material damages was weakened by the fact that there were doubts as to whether the relevant public in that case even attributed the edited images to the author at all. Intellectual Property Law in China, 2nd edition. The BGH stressed in the already mentioned auf fett getrimmt decision (see III.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

MARCH 29, 2023

Though Kashtanova edited the Midjourney images, the Office held that the creativity supplied did not constitute authorship. However, academics question whether moral rights, which are not part of the US regime, will extend to AI authors and if AI authorship will alter the copyright term of the last living author’s death plus 70 years.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moral rights.

Moral Rights 71

Moral Rights Copyright Music Art 71

Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Moral Rights 59

Moral Rights Television Copyright Intellectual Property 59

The IPKat

MARCH 25, 2025

The Handbook of Fashion Law, edited by Eleonora Rosati and Irene Calboli, masterfully managed to fill this gap. Yet, despite the significant traction this arguably newfound discipline has gained, a comprehensive legal scholarship systematically codifying its various components in a single work had been missing until now.

Law 58

Law Intellectual Property IP Brands 58

LexBlog IP

AUGUST 30, 2023

According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moral right). Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February.

Art 98

Art Music Artwork Social Media 98

Kluwer Copyright Blog

NOVEMBER 24, 2022

Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights. Authorship by children epitomises this view and the significance of building a systematic legal scholarship on a just copyright system for all authors.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

Kluwer Copyright Blog

AUGUST 26, 2024

In the UK, performers’ economic rights can be assigned to producers without any mechanisms for reversion, and their moral rights can be waived meaning they cannot be subsequently enforced. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Higher Education 84

Higher Education Contracts Marketing Marketing 84

The IPKat

SEPTEMBER 30, 2024

33(1)) This sui generis right is vested in the authors of the computer program, their heirs, persons to whom the authors or their heirs transferred economic rights to the computer program, or the lawful users of the computer program (Art. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

IPilogue

OCTOBER 7, 2022

In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction.

Art 105

Art Moral Rights Artwork Editing 105

IPilogue

MARCH 29, 2023

Though Kashtanova edited the Midjourney images, the Office held that the creativity supplied did not constitute authorship. However, academics question whether moral rights, which are not part of the US regime, will extend to AI authors and if AI authorship will alter the copyright term of the last living author’s death plus 70 years.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Giulia Dore emphasizes the differing treatments of moral rights between civil law and common law countries, cautioning against harmonization that overlooks these distinctions.

Intellectual Property Law 63

Intellectual Property Law Intellectual Property Law Public Domain 63

43(B)log

AUGUST 11, 2021

Determined to prevent forfeiture, courts found—often on very thin evidence—that authors implicitly transferred rights, defying statute. Deals with © and moral rights, first sale, users rights. Also of course economic rights can provide partial protection for postmortem moral rights.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Kluwer Copyright Blog

MARCH 28, 2022

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. Intellectual Property Law in China, 2nd edition. If performed for teaching and scientific research purposes, the use should be non-commercial and for illustration only. ”. More from our authors: Law of Raw Data.

Copyright 52

Copyright Art Law Moral Rights 52

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. Moral rights (Sections 12-14 UrhG). Intellectual Property Law in China, 2nd edition.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 15, 2023

Then of course I would love to see the machine exercise its moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 143

Copyright Moral Rights Blogging Editing 143