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. 514, ‘The moral right of the Author’ ).

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

In this regard, an important precedent lies in the history of US litigation involving Google Books. Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. Copyright Office in its 2017 report on moral rights. However, U.S.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

Velocity of Content

DECEMBER 4, 2024

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. An amendment to the copyright statute is only one of them. ↩︎ See Jane C. Int’l Comm. ↩︎ 17 U.S.C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

FEBRUARY 25, 2022

Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows. Twitch Popularity.

Music 102

Music Moral Rights Copyright IP 102

The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

MAY 29, 2023

With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Being taken from an actual instance of Canadian litigation, the hypothetical allows Sundara Rajan to address differences in treatment of moral rights between civil law and common law countries.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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.

Invention 98

Invention Inventor Patent Moral Rights 98

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 61

Intellectual Property Moral Rights Privacy Copyright Infringement 61

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

SpicyIP

JULY 13, 2021

However, the absence of a formal codification or determinative theory of post mortem publicity rights in India, depicts that they have not gained the necessary traction and a firm legal foothold as demanded. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

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.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The IPKat

SEPTEMBER 30, 2022

She shared the view that when possible the litigation should be concentrated in a single venue and that current rules seem fit for copyright, that contrary to patents and trademarks aren’t registered rights (and for…Italian torpedoes, this Kat would add).

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Olartemoure Blog

MAY 13, 2022

Last week, The UK’s High Court, recognized NFTs (non-fungible tokens) as property , separate from the underlying right they represent, capable of being frozen by way of an injunction. . The ruling opens a debate about what owning an NFT implies.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

43(B)log

AUGUST 9, 2024

Delocalization by brute force: Seen online in other areas where companies don’t bother to localize TOS, just comply with US law which is home country law; that solves the problem for them and they wait for litigation if it materializes. Authors’ rights are designed to protect that intellectual and emotional bond.

Fair Use 59

Fair Use Moral Rights Law IP 59

43(B)log

AUGUST 11, 2022

Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? A: her concern is divorce law, though comparison is worthy. A: family supplies raw material for work of art. But the US has not.

Ownership 80

Ownership Moral Rights Copyright Brands 80

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. New Laws Are Needed There is a wave of litigations about to play out in courts on how AI art will be treated under existing laws, but it is only just the beginning.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Velocity of Content

APRIL 30, 2024

Rowland: Yes, there are different rights and issues that might arise in input to training the models versus outputs. We’re developing solutions, but we’re not in a position to say more right now. Shumaker: I’m also curious about CCC’s role in any of the current litigation. Does CCC ever file briefs in lawsuits such as these?

Licensing 52

Licensing Social Media Publishing Copyright 52

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

43(B)log

AUGUST 5, 2021

That’s not nothing and litigated cases aren’t everything, but wants to focus on publicity interests of average citizens: the pleasurable servitude problem. Moral rights as a solution? ROP is also criticized when applied to use of celebrity personae in expressive works. Is that a preference for amusement over discourse?

Privacy 45

Privacy Social Media Moral Rights Litigation 45

Traverse Legal Blog

SEPTEMBER 28, 2023

Without a comprehensive CLA, the project could face legal challenges from contributors who disagree with the license change, leading to project forks, litigation, or even the dissolution of the project. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

IP Close Up

NOVEMBER 26, 2024

Private property rights like patents that cover inventions promote a growing innovation economy and a flourishing society. Without them there would be idle curiosity, but Continue reading

Patent Infringement 91

Patent Infringement Patent Invention IP 91

The IPKat

AUGUST 15, 2023

For example, a session musician who doesn't write anything may be entitled to performers' rights, whereas, a co-collaborator/songwriter would be a joint or co-author of the musical work, and may also be entitled to moral rights (depending on the country) and performers' rights if they play or sing on the track.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

LexBlog IP

SEPTEMBER 28, 2023

Without a comprehensive CLA, the project could face legal challenges from contributors who disagree with the license change, leading to project forks, litigation, or even the dissolution of the project. Failure to have a robust CLA can lead to various legal issues, ranging from intellectual property disputes to potential litigation.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

43(B)log

FEBRUARY 4, 2023

Rosen: Moral rights? [he he doesn’t believe in them] Khan: Berne requires them; the US says it complies with them largely through the economic rights. We don’t have the opportunity to litigate the sort of rule you want. The way to break the circularity is to look at empirics. And of course repeat players usually win.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ resets the debate on the fundamentals of transborder reputation claims in trademark litigation.

Trademark 103

Trademark Fair Use Moral Rights Art 103

43(B)log

APRIL 7, 2023

The Global Internet and Its Workable, Bespoke, Patchwork Regulation Justin Hughes, Loyola University Los Angeles John Perry Barlow’s Declaration of Independence of Cyberspace: a full repudiation of the lack of gov’t authority or moral right to rule cyberspace.

Art 45

Art Copyright Settlement Privacy 45

The IPKat

DECEMBER 5, 2021

Also, is there a connection between this story and a possible infringement of the author's moral rights? Is the album per se, conceived as a particular sequence of songs, a work that is the result of the author's "free and creative choices" and thus deserving of the protection of the moral right of integrity?

Moral Rights 143

Moral Rights Music Television Copyright 143