Likelihood of Confusion

APRIL 30, 2022

First published April 12, 2010. 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 40

Moral Rights Copyright Law Publishing Reporting 40

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. 2(c), the fair use exemption thereof under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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 74

Moral Rights Music Cease and Desist Contracts 74

SpicyIP

FEBRUARY 24, 2022

The Blog regularly publishes articles in the field of IP and functions in a structured manner much like a journal. 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. The NLUJ-CIPS Blog.

IP 129

IP Intellectual Property Blogging 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. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.

Moral Rights 77

Moral Rights Database Right Designs Design 77

The IPKat

DECEMBER 22, 2021

Instead, international protection of works originating in the USA was obtained in various ways: through bilateral agreements; by means of “backdoor protection” where works were first or simultaneously published in Berne Union countries; and through multilateral conventions.

Copyright 133

Copyright Moral Rights Copying Publishing 133

TorrentFreak

AUGUST 26, 2022

Jackson believes the nature of the platform where the content was published could also provide guidance. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. The Eleventh Circuit opinion can be found here (pdf).

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

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. What brought together the two siblings was a book publishing project, The Family Shakespeare , first published in 1807, with a second edition published in 1818.

Moral Rights 63

Moral Rights Editing Publishing Licensing 63

IP and Legal Filings

SEPTEMBER 21, 2023

Agreement will also include that any work the musician is associated with shall come under within its purview, such as existing works, whether published or unpublished) and future works.Copyright societies cannot collect royalties on behalf of every person in India or the world working in such field, simply because they do not know about them.

Copyright 97

Copyright Moral Rights Cinema Music 97

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. The copyright lawyer in me wonders whether these differences could rise to the level of a violation of the integrity aspect of moral rights, which prohibits any distortion of the work that would be prejudicial to honor or reputation.

Art 134

Art Artwork Copying Moral Rights 134

The IPKat

OCTOBER 10, 2022

Approaching the concepts of author and inventor, Sánchez García prefers to adopt a new concept, the ‘Artificial Inventor’ as the “thing that produces effects”, capable of “influencing society with quantifiable and attributable effects” even if it cannot enjoy moral rights (p.121).

Inventor 140

Inventor Invention Patent Ownership 140

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. The World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report , reviewing global IP activity in 2020. SpecialKat Tian Lu wrote a short summary of the report.

Moral Rights 68

Moral Rights Intellectual Property Contracts Reporting 68

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 74

Blogging IP Moral Rights Copyright 74

IP and Legal Filings

NOVEMBER 10, 2022

Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These different exclusive rights form the bundle of rights that we refer to as copyright. These rights enable a copyright owner to control the commercial exploitation of his work.

Copyright 97

Copyright Intellectual Property Registration Copyright Infringement 97

The IPKat

MARCH 18, 2023

A discount for IPkat readers has kindly been provided by the publisher, please see below for the code. The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 79

Intellectual Property Moral Rights Database Right Editing 79

IPilogue

FEBRUARY 25, 2022

Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows. Twitch Popularity.

Music 102

Music Moral Rights Copyright IP 102

IP Whiteboard

AUGUST 30, 2020

What about moral rights? As the owner of the copyright, Mr Black would have the exclusive rights to: reproduce the work in a material form; publish the work; and. What about moral rights? Another topic which has leads a rabbit hole is the question of moral rights. 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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. published in Grur. 2022, 618ff.

Copyright 105

Copyright Public Domain Art Moral Rights 105

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work. Indonesia – You Can Not Publish A Cover Song Without Permission! 2022, April 22).

Music 98

Music Copyright Copyright Infringement Moral Rights 98

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. The Indian Copyright Act, 1957 According to the act , only creators and performers, including actors, singers, musicians and dancers, have moral rights.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

The IPKat

JULY 9, 2023

This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. Once again, opinions are divided on the importance of the right of attribution. The same is for moral rights.

Art 58

Art Copyright Moral Rights Cease and Desist 58

Art Law Journal

AUGUST 18, 2022

Generally, artistic expression is protected as free speech, and images that include a person and are published purely as artistic expression do not require a model release. The Model grants to the Publisher or assignees, the irrevocable and unrestricted right to use and publish [TYPE OF ART, (i.e. PURPOSE OF USE.

Publishing 85

Publishing Art Contracts Artwork 85

Garrigues Blog

MAY 11, 2021

Authors and their rightholders enjoy the moral and economic rights listed below – for 70 years, from January 1 of the year following the death of the author – regardless of nationality, domicile and notwithstanding registration: Moral Rights. Right of paternity: the right to claim authorship of the work.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

Olartemoure Blog

MAY 13, 2022

According to the information published by the Ministry of Commerce, Industry, and Tourism, in 2021, China became first Asia’s inverstor in Colombia. 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.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Velocity of Content

APRIL 30, 2024

This started with photocopies in our early days, and over time, as technology advanced, we introduced new licensing, like licensing for digital rights and for text and data mining. We have a collective, or blanket, license covering thousands of publishers and millions of items. But our licensing is dominated by scholarly publishing.

Licensing 52

Licensing Social Media Copyright Publishing 52

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

IP and Legal Filings

APRIL 26, 2023

The argument that producers should have ownership of the copyright because they bear the risk of making the movie is not convincing when compared to other industries such as publishing, where the publisher bears a similar risk but does not have authorship or ownership of the copyright under the law. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

JIPL Online

APRIL 9, 2021

Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. [iv] Maxwell L. Stearns, Todd J. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

NOVEMBER 29, 2021

published recently in open access (review of Parts I and II, here ). Farley provides readers with a substantive review of different venues of research on IP and morality, including the role morality plays in exclusions to IP, or morality aspects in moral rights law. Calboli and M. Montagnani, OUP, 912 pp.),

Intellectual Property 74

Intellectual Property IP Moral Rights Law 74

LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. City Commercial Invs., 20-cv-08030-EMC (N.D. Oct 18, 2022).

Social Media 52

Social Media Art Fair Use Moral Rights 52

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks.

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. Ananda Vikatan Publishers (P) Ltd. Since he demonstrated a prima facie case for grant of injunction, the Court granted interim injunction based on balance of convenience. Ratan Malkani v.

Registration 105

Registration Copyright Licensing Trademark 105

LexBlog IP

DECEMBER 19, 2022

More in detail, VEGAP acted on behalf of the rightsholders of the works by Mirò, Tàpies and Barcelò, alleging that this unauthorized use of “Oiseau volant vers le soleil” and “Tète et Oiseau”, “Ulls i Creu” and “Esgrafiats” and “Dilatation” infringed both moral rights (right (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52