article thumbnail

Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

SpicyIP

Such treatment usually amounts to violations of the moral rights of the author. In this post, I shall examine the concept of the moral right of integrity and its potential as a tool in protecting the works of authors posthumously.

article thumbnail

Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

SpicyIP

Can legal representatives substitute their own judgement in the vindication of the author’s moral right? In this regard, it’s important to distinguish reputation in the context of defamation, from the reputation limb of the integrity right. In defamation, the cause of action cannot be exercised posthumously.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

IPilogue

On August 5 and 6 , The Door, a church in McAllen, Texas live-streamed their production of Hamilton with modified lyrics to reference Jesus and added a scene where Alexander Hamilton repents. An interesting argument Lin-Manuel Miranda’s lawyers can make is to claim Lin-Manuel’s moral rights claim to his copyrighted work.

article thumbnail

Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

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?

article thumbnail

Book Review: Research Handbook on IP and Moral Rights

The IPKat

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London. Such gestures couldn't be overlooked in a book on moral rights.

article thumbnail

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

SpicyIP

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.

article thumbnail

Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

Intepat

Orphan Works Orphan works refer to works for which the copyright holder is unknown or untraceable. This situation creates significant challenges for users who wish to access or utilize such works, as they cannot seek permission from an unidentifiable rights holder. Recent Case Law on Pseudonymous and Anonymous Works S.