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.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo. What are non-fungible tokens?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

SpicyIP

FEBRUARY 24, 2022

The ownership over the copyright of the essay published on the CIPS Blog will be transferred to the CIPS Blog and the author shall still retain the moral rights over their work. Competition Guidelines: The participation fees for the competition are Rs. 150/- (inclusive of GST). Co-authorship is not permitted.

IP 129

IP Intellectual Property Blogging Moral Rights 129

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. ——-.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

The IPKat

NOVEMBER 4, 2022

She also highlights areas in need of further investigation, such as ownership and moral rights. An important pattern that cuts across patent and copyright emerges: the creation of new rights as an option for protection of new realities remains always a possibility, but it is not something that should be taken lightly.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. Copyright implies exclusive prerogatives.

Copyright 105

Copyright Public Domain Art Moral Rights 105

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated.

Art 105

Art Moral Rights Artwork Editing 105

IP and Legal Filings

JANUARY 22, 2024

Concerns of the Creators The very purpose of protecting intellectual property rights is to reward the creator for his/her intellectual creation, to encourage the creative endeavours for their growth, and to protect the creation of one’s intellectual labour. These rights are transferrable for financial benefits.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IP and Legal Filings

MAY 13, 2024

Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying. There will be serious consequences for assigning other than human ownership to AI-generated creations.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Olartemoure Blog

JULY 17, 2024

This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design. COMMISSIONED TATTOOS AND OWNERSHIP When commissioning a tattoo, clients pay for the service, not the copyright. MORAL RIGHTS AND TATTOOS Moral rights protect artists’ personal and reputational interests.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights. What is it?

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

The IPKat

MAY 29, 2023

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. Partridge, offers a view on the overlaps between trade marks and domain names.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

IP and Legal Filings

MARCH 1, 2022

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

Intellectual Property 96

Intellectual Property Branding Brands Branding 96

IP Tech Blog

MAY 19, 2023

A brand should also obtain waiver of moral rights from the influencer. Contracts should explicitly address the ownership, licensing, and usage rights of content created during the collaboration, which will vary depending on the commercial arrangement.

Marketing 57

Marketing Marketing Contracts Branding 57

IP and Legal Filings

APRIL 26, 2023

The producers of the movie in question disputed the system, claiming that they were the true creators of the work and that the music and lyrics used in the film were not protected by copyright or public performance rights. [7] Agi Music, the court made two rulings that severely restricted the rights of songwriters. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

LexBlog IP

MAY 19, 2023

A brand should also obtain waiver of moral rights from the influencer. Contracts should explicitly address the ownership, licensing, and usage rights of content created during the collaboration, which will vary depending on the commercial arrangement.

Marketing 52

Marketing Marketing Contracts Branding 52

IIPRD

NOVEMBER 1, 2023

In a world where information can be disseminated in the blink of an eye thanks to technological advancements, it is a difficult task to ensure that the original artists retain ownership of their creations amid the explosion of available works and the emergence of vastly varied creative forms.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 9, 2024

AI and Authorship Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study Personality rights theory of ©: bond between artist and work/work is part of the personal sphere of the creator and part of their personal identity. Authors’ rights are designed to protect that intellectual and emotional bond.

Fair Use 59

Fair Use Moral Rights Law IP 59

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 110

Personality Rights Privacy Copyright Trademark 110

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. However, a copyright registration certificate serves as evidence of ownership, which is required for enforcement actions by administrative authorities. Like in the U.S.,

Designs 40

Designs Design Copyright Artistic Work 40

LexBlog IP

OCTOBER 10, 2023

Copyright Act is the primary section that grants rights to visual artists. This includes various provisions that protect the moral rights of authors of certain works of visual art, including the rights to: Attribution: The right to have their name associated with the work. VARA is part of U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

The IPKat

FEBRUARY 12, 2024

Would it automatically place works compulsorily acquired in the public domain or only transfer ownership to the government? There would also be the need to address how moral rights would operate in the context of a compulsory acquisition. What are the implications of compulsory acquisition in this context?

Copyright 64

Copyright Moral Rights Government Public Domain 64

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

Traverse Legal Blog

SEPTEMBER 28, 2023

Key terms that should be included in a CLA often encompass the scope of the license granted to the project, address moral rights, select a license or assignment approach to contributions, address any warranties or disclaimers, and provide a path for dispute resolution.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Kluwer Copyright Blog

OCTOBER 17, 2022

The lex contractus as determined under the Rome I Regulation has no bearing on the issue of initial ownership or the question whether and how the initial rights owner(s) is/are allowed by law to transfer their rights or grant licences to exploit. However, this finding does not ring true for all protective provisions.

Contracts 52

Contracts Law Copyright Moral Rights 52

SpicyIP

FEBRUARY 27, 2024

Without further ado, here’s what I found in the Januarys: Virtual World, Gaming, and IPs: Sifting through January pages, a decade-old post by Deepshikha Malhotra caught my attention, discussing Property Rights in the Virtual World. The question of ownership in the virtual world, particularly in video games, has long been debated.

Non-Fungible Tokens 58

Non-Fungible Tokens Copyright Business Moral Rights 58

LexBlog IP

SEPTEMBER 28, 2023

Key terms that should be included in a CLA often encompass the scope of the license granted to the project, address moral rights, select a license or assignment approach to contributions, address any warranties or disclaimers, and provide a path for dispute resolution.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. Because economic rights can be assigned, copyright has a value realisable in money.

Copyright 52

Copyright Moral Rights Artwork Licensing 52

The IPKat

NOVEMBER 22, 2021

And who poses moral rights in the work? McDonagh discusses the emergence of the author figure as the owner of a dramatic work by analysis of authorship and ownership of plays from the Elizabethan period up to the early twentieth century. In what circumstances can a director or actor be granted joint-authorship with the writer?

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

IP and Legal Filings

FEBRUARY 16, 2025

Legal Protection : Copyright registration grants you the legal right to prevent others from using, copying, or reproducing your work without permission. Evidence of Ownership : A registered copyright serves as proof of ownership in case of disputes or infringements.

Registration 52

Registration Copyright Ownership Artistic Work 52

43(B)log

AUGUST 11, 2022

Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights?

Ownership 80

Ownership Moral Rights Copyright Branding 80