The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). This prompted intensive work on the text of the draft law. See also here for the previous law.

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Related Rights Law Copyright Moral Rights 145

BYU Copyright Blog

JANUARY 23, 2023

According to Mason's Complaint, these changes violated her rights under the Visual Artist Rights Act ("VARA"), a legal provision that incorporates artists' moral rights to preserve the integrity of their creations into United States copyright law, although in a limited manner.

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JD Supra Law

DECEMBER 14, 2021

There are many common misconceptions about copyrights and other rights associated with the ownership and control of a creative work, such as moral rights. These misconceptions often result in poor contract drafting, which can result in invalid terms and increased risk of conflict. By: SmithAmundsen LLC

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Likelihood of Confusion

MAY 28, 2023

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says it very well himself, actually: The post Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™.

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SpicyIP

DECEMBER 6, 2023

52(1)(t) and ‘moral rights’ of the author in such work. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work. As a corollary, it also asserted ‘moral rights’ over the mural under Sec. 2(c), the fair use exemption thereof under Sec.

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Likelihood of Confusion

APRIL 30, 2022

Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says. The post Best of 2010: Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™. First published April 12, 2010.

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Moral Rights Copyright Law Publishing Reporting 40

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

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The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. European Patent Law: The Unified Patent Court and The European Patent Convention, by Paul Torremans and Duncan Matthews. •

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

Copyright Lately

NOVEMBER 14, 2021

” Could the street artist claim a violation of his moral rights? Historically, European courts have been receptive to the concept of “moral rights,” which protect the attribution of an artist and the integrity of a protected work. Actor Christopher Walken painted over a Banksy original on “The Outlaws.”

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Artwork Moral Rights Art Social Media 112

Plagiarism Today

JANUARY 18, 2022

Make the book public (to the extent permitted by law) 2. The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that. We won the auction for €2.66M. Now our mission is to: 1.

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Copying Moral Rights Copyright Registration 340

Kluwer Copyright Blog

DECEMBER 18, 2022

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

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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. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums. 2, (c); art.

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The IPKat

NOVEMBER 6, 2023

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

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Moral Rights Licensing Personality Rights Contracts 85

The IPKat

DECEMBER 26, 2022

The court also recalled the difference between originality and novelty as understood under design law and the non-relevance of prior art in copyright cases. It is unfortunate that the Court of Appeal once again refused to use exactly the terms derived from the case law of the CJEU, still relying heavily on the notion of personal imprint.

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Law Copyright Infringement Moral Rights Copyright 95

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. Co-authorship is not permitted.

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IP Intellectual Property Blogging Moral Rights 129

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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The IPKat

SEPTEMBER 26, 2023

This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. American company Narcos obtained the right to synchronise this work for an episode of the series Narcos - Mexico, of which it is the producer, granted by the company Regent. Facts Mr M.

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Moral Rights Music Cease and Desist Contracts 73

Kluwer Copyright Blog

APRIL 22, 2024

Mango, in turn, sustained in its defence that (i) as the rightful owner of the physical Paintings, it was entitled to display them in public, and that (ii) the creation of digital works (i.e. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

The Art Law Blog

JUNE 19, 2021

law from eating the Mona Lisa if you own it,' said Amy Adler , an art law expert and professor at the New York University School of Law. 'We We only protect works for the life of the artist, with a few minor exceptions, but that’s basically the rule under the Visual Artists Rights Act.' "In

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Moral Rights Artwork Art Law Art 63

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JUNE 18, 2021

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

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Related Rights Moral Rights Contracts Intellectual Property 97

Intellectual Property Brief

NOVEMBER 3, 2021

Property rights and artist rights collide in this legal dispute between Vermont Law School and artist Sam Kerson. Property owners are developing unique methods to preserve art with respect to artists’ moral rights to their work.

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Moral Rights Law Art Blogging 52

Sander Law

AUGUST 24, 2020

Moral Rights. Although the initial creator of the work can assign their copyright to another entity, they cannot assign the associated Moral Rights. However, moral rights can be waived, and therefore any agreement assigning copyright from the contractor to the business owner should include a moral rights waiver.

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Ownership Moral Rights Copyright Artwork 59

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Varsha suggests imposing requirements on developers to ensure AI development respects the exclusive rights of human creators in training datasets, and users should also be obligated to ensure compliance with relevant laws.

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Moral Rights Copyright Infringement Related Rights Government 113

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. Laura Ford examines the historical and philosophical underpinnings of harmonization, urging a reexamination of its foundational ideals in contemporary law reform.

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SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. This would encourage the development of AI, in a manner that is respectful of copyright law and the human creators whose work is being used as part of training datasets. [ This Post has been authored by our former blogger Varsha Jhavar.

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IP Licensing Fair Use Moral Rights 129

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

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Moral Rights Television Copyright Intellectual Property 59

The IPKat

NOVEMBER 19, 2023

Copyright Marcel Pemsel addressed the question related to whether a photographer can waive the exercise of their moral rights, including the right of attribution, in the general terms and conditions of a microstock portal under German Law.

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Moral Rights Intellectual Property Copyright Law Copyright 67

TorrentFreak

AUGUST 26, 2022

“To strip CMI metadata ‘knowingly,’ or to distribute such works knowing CMI has been stripped, is potentially criminal under the law,” Schneider wrote. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity.

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Moral Rights Copyright Public Domain Copyright Infringement 144

The IPKat

OCTOBER 10, 2022

25), Sánchez García emphasises the importance of centering human rights. This approach would be intended to safeguard the interests of humanity at large as well as the societal interest in innovation, serving the purposes of patent law.

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Inventor Invention Patent Ownership 140

The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

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Moral Rights Intellectual Property Editing Inventor 67

TorrentFreak

SEPTEMBER 6, 2024

Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble. While these clips may not directly hurt revenues, copyrights also have moral rights which include the right to integrity, which could come into play here.

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Copyright Infringement Copyright Social Media Moral Rights 122

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. Overview of the Egyptian Copyright Law. In Egypt, the framework for copyright protection is set under book three of law no.82 147 ECL) and moral rights (art.

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Copyright Moral Rights Copyright Infringement Marketing 105

The IPKat

JANUARY 11, 2023

What moral rights looked like in the 12th century—the story of "Guide of the Perplexed" Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The Guide of the Perplexed”. Parody under copyright and trade mark law: key guidance from Zorro.

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Moral Rights Copyright Reporting Law 51

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

NFTs include digital assets and other intellectual property like images, video files, audio files that one could purchase and hold exclusive rights to, while cryptocurrencies are fundamentally used to purchase such exclusive tokens. Laws Governing NFTs. With the most valued NFT sold at 11.7

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Intellectual Property Law Moral Rights Contracts 52

The IP Law Blog

AUGUST 5, 2021

In other words, there is no specific aspect of patent law, unlike copyright law involving the requirement for a human author or the existence of moral rights, that would drive a construction of the Act as excluding non-human inventors.

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The IPKat

AUGUST 31, 2024

Simply Life India, which stated: The celebrity's right of endorsement would in fact be a major source of livelihood for the celebrity, which cannot be destroyed completely by permitting unlawful dissemination and sale of merchandise … bearing the face or attributes of their persona on it without their lawful authorisation.

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