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.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

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 73

Moral Rights Music Cease and Desist Contracts 73

Kluwer Copyright Blog

JUNE 18, 2021

It was a historic milestone in the area of rights related to copyright. Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty. 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

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

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 70

Moral Rights Copyright Music Art 70

SpicyIP

FEBRUARY 27, 2024

Google, particularly looking into ‘consent’ and the moral rights of a performer. Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ).

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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. No moral rights apply to CGOs.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. We stand on the cusp of bidding farewell to 2023 with just 10 days remaining!

Personality Rights 59

Personality Rights IP Licensing Copyright 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 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

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 67

Moral Rights Intellectual Property Copyright Law Copyright 67

The IPKat

NOVEMBER 23, 2023

The present decision endorses this past solution. This Kat does not necessarily perceive the present ruling as a weakening of the author's protection. Indeed, the absence of any specific provision in the French Intellectual Property Code concerning the limitation period for such an action means that the ordinary law (i.e.,

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

SpicyIP

MAY 1, 2023

Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context? The output generated by AI is not copyrightable under the law, as it stands at present.

IP 129

IP Licensing Fair Use Moral Rights 129

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. Hence, ownership is not granted to the AI.

Ownership 80

Ownership Moral Rights Public Domain Intellectual Property 80

IP and Legal Filings

SEPTEMBER 21, 2023

It is not feasible to give royalty every time a film is played on TV or for each second the actor is present in the scene. Section 38B [16] talks about moral rights of a performer which states that like authors, they are entitled to special rights, including moral rights in their works/performance.

Copyright 94

Copyright Moral Rights Cinema Music 94

Patently-O

SEPTEMBER 27, 2023

This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity. However, engaging diverse inventors at large technology companies still presents layers of challenges. However, involving diverse inventors in large tech companies presents challenges.

Inventor 116

Inventor Moral Rights Business Technology 116

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. Mannu Bhandari V. Kala Vikas Pictures Pvt.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

SpicyIP

AUGUST 6, 2024

While for the time being the BomHC has ordered various entities to remove content that violates Singh’s personality rights, the larger matter of the personality and moral rights of the singer being infringed remains unresolved, with the case scheduled for September 2.

Personality Rights 110

Personality Rights Moral Rights Technology Copying 110

The IPKat

MARCH 18, 2023

The book is presented in five parts, described in the book as “broadly along the lines drawn by the main Acts of Parliament dealing with these branches of law.” The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

DECEMBER 12, 2023

All Words and No Performance: A Revolution in Copyright Through Performance in Sound, by Johanna Gibson Gibson begins by pointing out that the Beijing Treaty on Audiovisual Performances, which mandates moral rights for audiovisual performers, has yet to be ratified by inter alia the United States and the United Kingdom.

Intellectual Property 73

Intellectual Property Intellectual Property Law Moral Rights Editing 73

IP Whiteboard

AUGUST 30, 2020

What about moral rights? So if tattoos can receive copyright protection as artistic works, then the next question becomes – who owns the rights in the tattoo? These rights can be assigned or licenced but, as we understand it, this is not common place in the tattoo industry. What about moral rights?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Intepat

NOVEMBER 3, 2024

In India, the Copyright Act of 1957 provides the legal framework that governs these rights. However, the complexities of pseudonymous and anonymous works, along with orphan works, present unique challenges within this framework. In such cases, ownership may be attributed to the publisher or another designated entity.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text. As a result, his estate launched proceedings for copyright infringement.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

DECEMBER 26, 2022

Contrary to the first instance judgment, it is also worth mentioning that the present judgment does not provide any substantive development as to the infringement of the economic and moral rights of the plaintiffs. It should be noted that the alleged infringer did not attempt to question the originality of Tintin.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. In so doing, the sought to present a text that preserved Shakespeare's "beauties", while removing the “blemishes”. But call it "editing", and furrows on one's brow are less likely.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

The IPKat

NOVEMBER 21, 2021

The EUIPO, through its Observatory, has published a new discussion paper presenting best practices for electronic payment service providers to prevent their services from being abused by infringers. The annual review covers topics such as the definition of a work, authorship and moral rights. WTR has written an article about it!

Blogging 73

Blogging IP Moral Rights Copyright 73

The IPKat

FEBRUARY 20, 2023

In all this, street art could give of course rise to conflicts between IP and real property owners [more detailed analysis here ] , but this is not relevant to the present discussion. A few days have passed since the initial reaction from the Instagram account Cicatrici Nere, on which the issue was brought up.

Art 98

Art Music Artwork Social Media 98

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. The concept of copyright is twofold since it covers both economic and moral rights.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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

IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. Besides having access to their financial rights, creators frequently have moral rights, such as the ability to claim attribution (identification as the creator) and the right to maintain the integrity of their creations.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. Food plating is the technique of enhancing the presentation of food by arranging and decorating it to add value.

Art 52

Art Copyright Artistic Work Moral Rights 52

SpicyIP

JULY 23, 2023

Sudhakar Pai and Ors vs M/S Manipal Academy of Higher Education on 17 July, 2023 (Karnataka High Court) The appellants, employees, and office bearers in the same company, filed the present appeal contesting the compensation and the civil imprisonment ordered by the Commercial court for wilfully disobeying the court’s earlier injunction order.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. Mannu Bhandari V. Kala Vikas Pictures Pvt.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Jeff Koons has been condemned three times in cases relating to his very successful ‘ Banality ’ series of sculptures, which he presented in 1988: once in the US and twice in France, each time using the parody defence without success. Koons had made a sculpture from one of Rogers’ ‘Puppies’ photographs, as presented hereunder.

Derivative Work 105

Derivative Work Copyright Law Copyright Law 105

SpicyIP

AUGUST 26, 2024

This reference, while not technically alluding to the rights of a particular celebrity in the present case, was well-accepted as one of the grounds for the grant of injunction. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The IPKat

SEPTEMBER 30, 2022

Rosaria Romano underlined how ‘copyright’ has become over the years a tool for providing a legal framework to works that are all but homogeneous but that still present common characteristics. If it becomes a social and public order problem the only solutions will be: regulation and the exit of platforms from their self-made safe harbours.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

The IPKat

NOVEMBER 29, 2021

Van Overwalle and Kestemont present a useful classification of different research designs (eg descriptive research an evaluative research), which is followed with an explanation of doctrinal and empirical research methods. The psychology of IP law is presented in Chapter 35, by Gregory N.

Intellectual Property 73

Intellectual Property IP Moral Rights Art 73

Olartemoure Blog

MAY 13, 2022

Nevertheless, to some, an NFT doesn’t convey copyright, usage rights, moral rights, or any other rights at all, as these aspects are regulated separately in a written contract. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52