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

TorrentFreak

AUGUST 26, 2022

Removing a photo’s CMI and putting it on a travel agent’s website would be different from placing it on “some website labeled ‘free public domain pictures here,’ where you’re kind of asking for infringement.”. Jackson believes the nature of the platform where the content was published could also provide guidance.

Moral Rights 133

Moral Rights Copyright Public Domain Copyright Infringement 133

IP and Legal Filings

MAY 13, 2024

Protection under copyright usually lasts for the entire life of the owner along with a supplementary time frame, after which the work becomes within the public domain and is allowed to be openly utilised by anybody.

Copyright 96

Copyright Intellectual Property Ownership Technology 96

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

Kluwer Copyright Blog

AUGUST 12, 2021

It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art. The Ubiquitous Lacunae in the ECL and Platform Liability Regime.

Copyright 101

Copyright Moral Rights Copyright Infringement Marketing 101

The IPKat

DECEMBER 22, 2021

Later adherence leaped forward, not least as a consequence of the incorporation of the substantive provisions of the Berne Convention in the TRIPS Agreement in 1994 (except for the protection of moral rights) and, eventually in the 1996 WIPO Copyright Treaty (WCT).

Copyright 132

Copyright Moral Rights Copying Publishing 132

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. By contrast, the author of a simple photograph is not granted any moral right. Simple photographs. . by Alexander Puutio. €

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

IP and Legal Filings

JANUARY 23, 2023

vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor. When someone mints an NFT on a public domain, they could falsely claim to be the owner of the original artwork’s copyrights. It is possible for someone to print the NFT while posing as the author of the piece.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

SpicyIP

JULY 14, 2023

By voting to limit the period of copyright, the House of Lords created the Public Domain. Comparative studies of the Vedic philosophy of self and the moral right of the author, the Berne Convention, and IPRS v. The authors’ legitimate economic rights and the authenticity of their works (moral rights).

Moral Rights 71

Moral Rights Publishing Copyright Music 71

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 60

Copyright Moral Rights Government Public Domain 60

SpicyIP

JULY 13, 2021

The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court. The court held that facts which are historical, and in the public domain are not copyrightable, given the lack of “creation”, which is an essential element of copyright.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

43(B)log

AUGUST 11, 2022

A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties.

Ownership 80

Ownership Moral Rights Copyright Branding 80

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors.

Copyright 59

Copyright Moral Rights Artwork Art 59

IP and Legal Filings

JANUARY 22, 2024

Later, in 1914, Copyright Act was amended which was highly influenced with the Copyright Act, 1911 of Britain, such as both the legislation shared resemblance in the duration of copyright protection, focused on the protection of literary works, and had similar provisions regarding the concept of public domain and exceptions.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

JUNE 6, 2022

Moral rights govern the connection between creators, artists, and authors and their works. TKDL is an attempt by India to digitize and document knowledge existing in the public domain in order to enable the arrangement, diffusion, and retrieval of information in a systematic manner. Important cases.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

IPilogue

JANUARY 20, 2022

For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. However, many of the masterpieces housed by museums are in the public domain.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

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.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89