JIPEL Copyright Blog

MARCH 9, 2022

So perhaps it has never been timelier that museums further explore and embrace the use of augmented and virtual reality (“AR” and “VR”). There are clear advantages to the use of these technologies in the museum context. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.

Art 45

Art Copyright Settlement Privacy 45

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

SpicyIP

JULY 11, 2021

He holds that the PhD student’s unsubstantiated statement of intent to file a patent over the information contained in the thesis is not sufficient to outweigh a duty to disclose. 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

SpicyIP

DECEMBER 30, 2023

On the above understanding, the Court restrained 15+ defendants from utilising Anil Kapoor’s name, likeness, image, voice, personality, or any other aspects of his persona for commercial gains, violating his rights, and also directed PDR Ltd.,

IP 124

IP Copyright Trademark Intellectual Property 124

IPilogue

NOVEMBER 30, 2022

Dean Zemer explored the copyright principles of Fair Use, Orphan Works, and Perpetual Rights. Similarly insufficient is the form of non-perpetual protection favoured by the Common Law – moral rights in Holocaust works should be granted perpetual protection, which requires special legislation.

Art 105

Art Copyright Moral Rights Fair Use 105