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.

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Copyright Law Moral Rights Copyright Law 145

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

Sander Law

AUGUST 10, 2020

Moral Rights in Copyrighted Works. In Canada, in addition to the rights provided under Copyright protection for an artistic, literary, musical or dramatic work, there is another set of associated rights called Moral Rights. Moral rights are automatic and apply to the first creator or author of a work.

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Moral Rights Copyright Music Publishing 59

The IPKat

MARCH 25, 2025

The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Heres what Spyros writes: The cover image portrays a photograph of Signor Valentino himself, in his atelier in the 1960s Fashion law has now been fully established as a field of study, research, and practice worldwide.

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Law Intellectual Property IP Branding 59

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

SpicyIP

MARCH 8, 2025

Suhani is a third year law student at NLSIU who loves to write on IP and tech issues.] As remarked by composer and MCAI chairperson Vishal Bharadwaj in his recent interview , producers often demand ownership over derivative rights, and music labels often force composers to let go of their moral rights.

Moral Rights 91

Moral Rights Music Contracts Copyright 91

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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Moral Rights Settlement Reporting Copyright Law 52

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

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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Moral Rights Copyright Law Reporting Copyright 40

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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Moral Rights Fair Use Art Artistic Work 49

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

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 40

Moral Rights Copyright Law Publishing Reporting 40

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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

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

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 120

Artwork Moral Rights Art Social Media 120

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.

Copying 340

Copying Moral Rights Copyright Registration 340

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. Actors, dancers, musicians and singers, yes. What about a juggler?

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

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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Moral Rights Publishing Licensing Copyright 105

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

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 72

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 75

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

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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Derivative Work Copyright Law Copyright Law 111

Kluwer Copyright Blog

FEBRUARY 28, 2024

As such, it was permissible under United States copyright law. Since there was no appreciable harm to the copyright owners, according to the Court – quite the contrary –it was clearly acceptable under the terms of United States copyright law. copyright law. These criteria are found in section 107 of the Copyright Act.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

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 125

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

Moral Rights 63

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Velocity of Content

DECEMBER 4, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). See 17 U.S.C. § 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

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.

Moral Rights 52

Moral Rights Law Art Blogging 52

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.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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

IPilogue

MARCH 29, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The Office provided an example where a user instructs an AI tool to “write a poem about copyright law in the style of William Shakespeare”. How will this apply in Canada?

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. Old Laws Protect New Trends. Photo by cdd20 ( Unsplash ).

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

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

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Copyright Moral Rights Blogging Editing 143

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

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Ownership Moral Rights Public Domain Intellectual Property 90

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 64

Intellectual Property Law Intellectual Property Law Public Domain 64