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.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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.

Moral Rights 52

Moral Rights Copyright Law Publishing Reporting 52

SpicyIP

JULY 9, 2021

In addition to copyright infringement, the plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. In this post, I will explore the different considerations that the court might look into in reaching its decision about the above rights. The Right to Integrity.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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

Moral Rights 52

Moral Rights Ownership Contracts Copyright 52

The IPKat

NOVEMBER 22, 2021

this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

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.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

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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Artwork Moral Rights Art Litigation 94

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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Moral Rights Copyright Music Art 67

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.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property Law Public Domain 60

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 131

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 83

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

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.

Moral Rights 70

Moral Rights Music Cease and Desist Contracts 70

Intepat

OCTOBER 16, 2024

As innovation transcends borders, the need for cohesive legal frameworks to protect IP rights internationally has grown significantly. International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws.

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IP Law Intellectual Property Trademark 52

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design. TRADEMARKS AND TATTOOS Tattoos can also intersect with trademark law.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

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 55

Moral Rights Television Copyright Intellectual Property 55

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 64

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.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. Recent Case Law on Pseudonymous and Anonymous Works S. Ajay Kumar Goswami v.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

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.

Moral Rights 64

Moral Rights Copyright Reporting Law 64

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

Moral Rights 63

Moral Rights Artwork Art Law Art 63

SpicyIP

OCTOBER 29, 2024

student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. The plaintiff alleged that by using clips from his interviews and films, the defendants have infringed his moral rights in these performances as well.

Personality Rights 89

Personality Rights Moral Rights Privacy Intellectual Property Law 89

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.”

Artwork 115

Artwork Moral Rights Art Social Media 115

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.

Moral Rights 64

Moral Rights Intellectual Property Editing Inventor 64

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

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 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.

Ownership 59

Ownership Moral Rights Copyright Artwork 59

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.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

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 Copyright Infringement Television 52

The IPKat

JULY 1, 2024

Copyright Kevin Bercimuelle-Chamot analysed a recent decision of the Paris Court of Appeal about rights of an author whose photograph was cropped to remove his name. The book explores the societal challenges raised by AI technology and how it should be regulated, with a particular focus on EU law (including the GDPR and the AI Act).

Moral Rights 73

Moral Rights Technology Branding Branding 73

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

SpicyIP

MAY 3, 2023

Such treatment usually amounts to violations of the moral rights of the author. In this post, I shall examine the concept of the moral right of integrity and its potential as a tool in protecting the works of authors posthumously.

Moral Rights 92

Moral Rights Personality Rights Copyright Privacy 92

The IPKat

SEPTEMBER 30, 2024

Applicable law In December 2022, Ukrainian Parliament adopted a new copyright law, Law No 2811-IX [see an overview of its main provisions by The IPKat here ]. In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art. 12), but does not include moral rights.

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IP Art Moral Rights Registration 83

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

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).

Copyright 116

Copyright Artwork Moral Rights Non-Fungible Tokens 116

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

FEBRUARY 12, 2024

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London. Such gestures couldn't be overlooked in a book on moral rights.

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Moral Rights IP Intellectual Property Public Domain 70