LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Brands 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 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

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. Another significant divergence lies in the recognition of moral rights.

Moral Rights 71

Moral Rights Copyright Music Art 71

Kluwer Copyright Blog

FEBRUARY 28, 2024

In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books. Copyright Office in its 2017 report on moral rights. However, U.S.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

JANUARY 24, 2023

We may assume that these provisions will be further supplemented in terms of the rights, namely reproduction and making available. It also once again confirms the strong protection of moral rights in Ukrainian copyright law. Here again, the lawmakers were inspired by the EU law, namely the Digital Single Market [Katposts here ].

Related Rights 145

Related Rights Law Copyright Moral Rights 145

SpicyIP

MAY 1, 2023

AI might fall afoul of the fourth factor as well – effect of the use upon the potential market for the copyrighted work, as the output might act as a market substitute and also, the fact that non-compensation of copyright owners for training might destroy copyright owners’ licensing markets.

IP 129

IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

U.S. Department of Commerce

SEPTEMBER 8, 2023

We firmly believe that diversity and inclusion are not just morally right but also strategically smart. Businesses that prioritize diversity within their leadership ranks are better positioned to adapt to rapidly changing markets, leverage a wider range of perspectives, and capitalize on new opportunities. customer base. [6]

Moral Rights 130

Moral Rights Journalism Business Reporting 130

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. ↩︎ Ginsburg & Ricketson, supra note 49, ¶ 11.27 [ read full article here ]. ↩︎ See Jane C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

JANUARY 25, 2022

The marketing value of the reproduction on the book cover is accomplished by providing a different form of the portrait. One could argue that, as seen in the portrait, she is too elegant to be linked to Fanny Price. Maybe yes, maybe no, depending on how much elegance one wants to ascribe to Eugénie-Pamela Larivière in the portrait.

Art 134

Art Artwork Copying Moral Rights 134

The IPKat

NOVEMBER 14, 2021

moral rights. Patents To celebrate the 5th anniversary since the introduction of the Patent and Market Court in Sweden, on the EPLAW blog Erik Ficks provides an analysis of the positive impacts that the establishment of specialised courts has had. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 88

Blogging IP Moral Rights Artwork 88

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 105

Copyright Public Domain Art Moral Rights 105

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement. Vs. Prime Cable Network , the plaintiff has business of producing and marketing music cassettes, CDs etc. Kala Vikas Pictures Pvt.

Music 52

Music Moral Rights Television Copyright Infringement 52

The IPKat

MARCH 25, 2025

This section extends its analysis beyond legal frameworks to contextualize fashion as a market, shedding light on key revenue streams for fashion brands, such as licensing and merchandising. By doing so, it reinforces the notion that fashion is not only an art form, but also one of the most lucrative industries worldwide. Their conclusion?

Law 58

Law Intellectual Property IP Branding 58

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement. Vs. Prime Cable Network , the plaintiff has business of producing and marketing music cassettes, CDs etc. Mannu Bhandari V.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

The IPKat

FEBRUARY 20, 2024

One of Mango's virtual fashion week runways ( Mango ) The Court's ruling Moral rights The Court began by examining the moral right of dissemination under Spanish law, and found that - seeing as the relevant works had already been displayed to the public at large - such rights had been exhausted, and there was no further infringement.

Moral Rights 77

Moral Rights Artwork Fair Use Copyright 77

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? However, the solution to regulate the market should lie in innovative regulatory laws and not its perpetual obliteration through banning the market.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement. Vs. Prime Cable Network, the plaintiff has business of producing and marketing music cassettes, CDs etc. Mannu Bhandari V.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Intepat

MARCH 13, 2025

Architectural works are also classified as artistic works, and hence, architects and designers are accorded the same rights provided for artistic works under Section 13 and 14 of the Act. Additionally, the architect is also granted moral rights over their work, enabling them to preserve the architectural integrity of the building.

IP 52

IP Designs Design Artistic Work 52

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

The IPKat

DECEMBER 26, 2022

Since 2017, the artist has produced, exhibited, and marketed busts inspired by the character of Tintin, and sculptures inspired by the rocket depicted in the albums "Destination Moon" and "Explorers on the Moon". Background The facts of this case are relatively simple.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Michael Geist

JUNE 24, 2021

Senator Simons raised fundamental questions, such as the broad scope of the bill: So here and now, precisely where does Canada find the legal authority, the moral right and, most importantly, the practical power to regulate the content of international streaming services that are not broadcast over Canadian airwaves?

Moral Rights 98

Moral Rights Government Television Marketing 98

Velocity of Content

MARCH 16, 2023

Real market harm Filed January 13, this class action pits illustrators against generative AI companies who, according to the Complaint, used images without permission as training data and allowed people to create works in their “style” without compensation. is being used as code. I look forward to the creativity that will be on display.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. Maximillian reminded the audience that the little brother to IP is market authorization.

IP 91

IP Reporting Contracts Licensing 91

Intepat

DECEMBER 12, 2021

We have a terrific example of designer cakes, which are accessible in the market these days and are elegantly constructed by chefs with distinctive designs, shapes, and patterns. It will be protected as an original artistic work, granting chefs the same economic and moral rights as writers of other works.

Art 52

Art Copyright Artistic Work Moral Rights 52

Garrigues Blog

JUNE 29, 2023

There are a host of examples of this type of technique, including U.S.

Intellectual Property 59

Intellectual Property Moral Rights Design Designs 59

The IPKat

NOVEMBER 29, 2021

Here, readers will find an explanation of both traditional valuation methods (cost method, market method and income method) and newer methods (such as the Monte Carlo method), - all based on real-life scenarios. Bagley explores, in Chapter 50, IP law through the lens of religious thought in Catholicism, Judaism and Islam.

Intellectual Property 74

Intellectual Property IP Moral Rights Law 74

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. The plaintiff claimed that he alone decided the composition of these products and that this was known to the third defendant. Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 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

SpicyIP

OCTOBER 6, 2024

The Court held that there was violation of the plaintiff’s personality/publicity rights as well as moral rights in his performances. The defendants extracted clips from movies or other cinematographic works containing performances of the plaintiff for creating and communicating videos, which brought ridicule to the plaintiff.

Registration 105

Registration Copyright Licensing Trademark 105

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout. know that Tintin often gets involved in dangerous situations, but never in dangerous amorous or erotic situations. The parody defence.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. One example would be the use of a song for a right-wing political campaign.

Copyright Law 64

Copyright Law Copyright Law Music 64