SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 114

IP Copyright Trademark Intellectual Property 114

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. There will be serious consequences for assigning other than human ownership to AI-generated creations.

Copyright 96

Copyright Intellectual Property Ownership Technology 96

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii]

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

IP Tech Blog

MAY 19, 2023

A brand should also obtain waiver of moral rights from the influencer. Contracts should explicitly address the ownership, licensing, and usage rights of content created during the collaboration, which will vary depending on the commercial arrangement.

Marketing 57

Marketing Marketing Contracts Branding 57

IP and Legal Filings

APRIL 26, 2023

The producers of the movie in question disputed the system, claiming that they were the true creators of the work and that the music and lyrics used in the film were not protected by copyright or public performance rights. [7] Agi Music, the court made two rulings that severely restricted the rights of songwriters. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

IP and Legal Filings

MARCH 1, 2022

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

Intellectual Property 82

Intellectual Property Branding Branding Brands 82

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

DECEMBER 6, 2022

Producers may claim exclusive ownership of an album or song in court owing to copyright protections. Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. 1] 1995 (1) ARBLR 555 Delhi. [2]

Music 91

Music Copyright Copyright Infringement Moral Rights 91

SpicyIP

JULY 14, 2023

Image generated through DeepAI Readers will recall that last month Swaraj announced our IP History series which was followed by Shivam’s incisive posts on India’s entanglement with Berne Convention and the Stockholm Conference. Copyright and Author’s Rights The publishers wrote the history of Anglo-American copyright. Let’s dive in.

Moral Rights 69

Moral Rights Publishing Copyright Music 69

LexBlog IP

MAY 19, 2023

A brand should also obtain waiver of moral rights from the influencer. Contracts should explicitly address the ownership, licensing, and usage rights of content created during the collaboration, which will vary depending on the commercial arrangement.

Marketing 52

Marketing Marketing Contracts Branding 52

SpicyIP

AUGUST 26, 2024

Globally, these rights are codified in statutes like the Lanham Act in the US, but, in India, they mainly arise from the constitutional right to privacy under Article 21, and as extensions to the moral rights of performers enshrined under Sections 38, 38A and 38B of the Copyright Act. Arvee Enterprises and Ors.

Personality Rights 103

Personality Rights Privacy Copyright Trademark 103

Kluwer Copyright Blog

NOVEMBER 24, 2022

A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights. What is it?

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

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. REFERENCES [link] [link] [link] [link] [link] [link].

Personality Rights 92

Personality Rights Privacy Moral Rights Copyright 92

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. While the terms like virtual reality, AI, etc., Statutory Law.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. However, a copyright registration certificate serves as evidence of ownership, which is required for enforcement actions by administrative authorities. Like in the U.S.,

Design 52

Design Designs Copyright Artistic Work 52

LexBlog IP

OCTOBER 10, 2023

Copyright Act is the primary section that grants rights to visual artists. This includes various provisions that protect the moral rights of authors of certain works of visual art, including the rights to: Attribution: The right to have their name associated with the work. VARA is part of U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

Kluwer Copyright Blog

OCTOBER 17, 2022

The lex contractus as determined under the Rome I Regulation has no bearing on the issue of initial ownership or the question whether and how the initial rights owner(s) is/are allowed by law to transfer their rights or grant licences to exploit. As a result, the general conflict of laws rule for IP rights applies.

Contracts 52

Contracts Law Copyright Moral Rights 52

LexBlog IP

SEPTEMBER 28, 2023

Key terms that should be included in a CLA often encompass the scope of the license granted to the project, address moral rights, select a license or assignment approach to contributions, address any warranties or disclaimers, and provide a path for dispute resolution.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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 126

Moral Rights Contracts Editing Related Rights 126

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo. What are non-fungible tokens?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

IPilogue

NOVEMBER 30, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The speakers at IP Osgoode’s Bracing for Impact Conference: The Future of AI for Society told many stories and pondered many questions. Photo by Buda Photography.

Art 105

Art Copyright Moral Rights Fair Use 105

43(B)log

AUGUST 9, 2024

Can be done with domain names, IP addresses, a combination, URL blocking. But more important with dynamic injunctions, where jurisdictions adopt some shortcut mechanism whereby an initial injunction against ISPs can be used by Ps to add URLs/domain names/IP addresses to the injunction. Gowers Review of IP—not adopted!

Fair Use 59

Fair Use Moral Rights Law IP 59

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated.

Art 105

Art Moral Rights Artwork Editing 105

IPilogue

DECEMBER 1, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. Photo by Buda Photography.

Moral Rights 64

Moral Rights Ownership Artwork Government 64

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Given the dispute’s employment law context, it received limited attention from IP academics ( with some exception ). The adherents of this new religion believe in IP”.

Copyright 93

Copyright Moral Rights Intellectual Property Intellectual Property Law 93