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.

Moral Rights 59

Moral Rights Copyright Music Publishing 59

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™.

Moral Rights 52

Moral Rights Copyright Law Reporting Copyright 52

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

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.

Moral Rights 52

Moral Rights Settlement Reporting Copyright Law 52

IP and Legal Filings

MARCH 14, 2022

Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. As a result, the lifetime of these rights varies greatly between countries. Waiver of moral right of the author permissible?

Moral Rights 60

Moral Rights Copyright Contracts Law 60

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

43(B)log

MARCH 24, 2022

Hermon Atkins McNeil, The Sun Vow (at the NY Metropolitan Museum of Art): Note the card displayed below--on the left, in black on white: "By the 1890s, sculptural representations of Native American and western themes had become extremely popular.

Moral Rights 69

Moral Rights Art 69

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

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™.

Moral Rights 52

Moral Rights Copyright Law Publishing Reporting 52

The IPKat

AUGUST 20, 2023

Of all the grounds of appeal to the Supreme Court, the most intriguing one is that concerning the application of relevant provisions in the Italian Copyright Act concerning moral rights. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94

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

Moral Rights 67

Moral Rights Copyright Music Art 67

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. advance (IP) directive.

Moral Rights 132

Moral Rights Art Music Copyright 132

Plagiarism Today

SEPTEMBER 8, 2022

However, one gaping hole in the CBE license structure is the lack of handling of moral rights. In most countries, moral rights are a set of rights that a creator has in a work beyond the ones granted by copyright. However, the CBE licenses don’t mention moral rights at all. Bottom Line.

Licensing 209

Licensing Moral Rights All Rights Reserved Copyright 209

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

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.

Moral Rights 83

Moral Rights Licensing Personality Rights Contracts 83

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.

Moral Rights 64

Moral Rights Technology Branding Brands 64

The IPKat

JANUARY 23, 2024

Research Handbook on Intellectual Property and Moral Rights, by Ysolde Gendreau. Overlapping Intellectual Property Rights, by Neil Wilkof, Shamnad Basheer, and Irene Calboli. The Cambridge Handbook of Investment-Driven Intellectual Property, by Enrico Bonadio and Patrick Goold.

Intellectual Property 131

Intellectual Property Intellectual Property Law Moral Rights Editing 131

The IPKat

NOVEMBER 22, 2021

And who poses moral rights in the work? Chapter five addresses the questions at the heart of who possesses the authority to perform the play, enforcing credit and control by exploring moral rights of attribution and integrity in the theatrical context. The monograph is presented in six chapters.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

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

NOVEMBER 19, 2023

Image via Pexels Katfriend Mindia Davitadze commented on the fact that Georgia recently became the 5th validating state to the European Patents Organisation by signing the Validation Agreement and promising to bolster the protection of intellectual property rights within the industrial sector.

Moral Rights 64

Moral Rights Intellectual Property Copyright Law Copyright 64

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 114

Artwork Moral Rights Art Social Media 114

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

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”. Two weeks into the new year and our Kats have already discussed a number of different topics.

Moral Rights 64

Moral Rights Copyright Reporting Law 64

Kluwer Copyright Blog

FEBRUARY 7, 2022

The missing bit: moral rights. Moral rights have not been sufficiently discussed in the context of AI/ML. Moral rights generally include the paternity right (the right to be attributed as the/an author of the work) and the integrity right (the right not to have the work mutilated).

Moral Rights 105

Moral Rights Copyright Intellectual Property Law IP 105

The Art Law Blog

JUNE 19, 2021

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 In France, droits moraux, or 'moral rights,' would typically protect an artwork from such an act.

Moral Rights 63

Moral Rights Artwork Art Law Art 63

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 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

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 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

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

The IPKat

MAY 18, 2024

In the end, in the absence of any valid authorisation for use, the court was able to hold that the reproduction of the image from the short film ‘Rêve d'enfants’ constituted an infringement of Mr T's economic rights.

Moral Rights 60

Moral Rights Cinema Copyright Infringement Copyright 60

The IPKat

MARCH 26, 2024

Copyright Katfriend Caroline Theunis reflected on the copyright dispute behind Taylor Swift's decision to re-record her earlier albums after becoming dissatisfied with the way the record label was using its economic rights.

Moral Rights 56

Moral Rights Intellectual Property Registration Copyright 56

Kluwer Copyright Blog

JUNE 18, 2021

The exclusive right of performers to make their works available to the public becomes the cornerstone of BTAP as the first international text to establish this provision in the digital environment (encompassing films, videos, television programmes, etc.). Key aspects of the Beijing treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

43(B)log

AUGUST 11, 2021

Deals with © and moral rights, first sale, users rights. Guy Rub, The Challenges of Posthumous Moral Rights Exist in Europe, but not as such in US, except for works created & never sold before VARA’s effective date; coauthored work where an author remains alive; the year in which the artist dies.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

Kashishipr

AUGUST 31, 2022

The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights. It involves their exclusive right to control and make copies of their creative works.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52