The IPKat

AUGUST 31, 2024

Simply Life India, which stated: The celebrity's right of endorsement would in fact be a major source of livelihood for the celebrity, which cannot be destroyed completely by permitting unlawful dissemination and sale of merchandise … bearing the face or attributes of their persona on it without their lawful authorisation. Meanwhile, the U.S.

Personality Rights 131

Personality Rights Moral Rights Music Technology 131

SpicyIP

FEBRUARY 10, 2024

Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment.

Moral Rights 112

Moral Rights Copyright Infringement Related Rights Government 112

The IPKat

JANUARY 11, 2023

What moral rights looked like in the 12th century—the story of "Guide of the Perplexed" Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The Guide of the Perplexed”. Two weeks into the new year and our Kats have already discussed a number of different topics.

Moral Rights 53

Moral Rights Copyright Reporting Law 53

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 78

Moral Rights Database Right Designs Design 78

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. However, a moral right of authors to be attributed for their works is recognized outside the United States , and, in some cases, this right also enables authors to protest the false attribution of works to them.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

U.S. Department of Commerce

SEPTEMBER 8, 2023

We firmly believe that diversity and inclusion are not just morally right but also strategically smart. 3] And a Boston Consulting Group study revealed that companies with above-average diversity on their leadership teams reported 19% more innovation revenue than companies with below-average leadership diversity. [4]

Moral Rights 104

Moral Rights Journalism Business Reporting 104

TorrentFreak

AUGUST 26, 2022

A Bloomberg Law report says the Eleventh Circuit adopted a “heightened standard” towards CMI, with Trace Jackson, an intellectual property attorney at Rogers Towers, offering his understanding of what that means. ” Implications Moving Forward. The Eleventh Circuit opinion can be found here (pdf). ——-.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

The IPKat

MAY 11, 2022

In April 2022, the EU Commission's impact assessment report looking at the situation of CIPs in the EU showed that the lack of an adequate legal regime " creates a disincentive to investment in traditional crafts in the EU, adding up to increased costs and legal uncertainty for producers ". What are the next steps?

Blogging 64

Blogging IP Moral Rights Registration 64

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 69

Moral Rights Intellectual Property Contracts Reporting 69

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

MARCH 26, 2024

Patents Rose Hughes reported on the first substantive decision of the UPC Court of Appeal, which reversed the preliminary injunction in 10x Genomics v NanoString. She discusses the stronger bargaining power that authors and performers have under EU law, as well as the role of moral rights in protecting authors.

Moral Rights 59

Moral Rights Intellectual Property Registration Copyright 59

The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. Anna Maria Stein reported that Milan will be the third seat of the Central Division of the Unified Patent Court. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

Moral Rights 59

Moral Rights Intellectual Property Editing Copyright Infringement 59

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. The article reports that in the first edition, about 10% of the text was removed, with particular attention to avoid any whiff of religious irreverence. How well do they do?

Moral Rights 64

Moral Rights Editing Publishing Licensing 64

Patently-O

SEPTEMBER 27, 2023

This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity. In 2022, the USPTO reported a 32% growth in the number of U.S. However, engaging diverse inventors at large technology companies still presents layers of challenges.

Inventor 116

Inventor Business Moral Rights Technology 116

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

JIPEL Copyright Blog

NOVEMBER 30, 2021

Not only is there vast money to be made in creating NFTs—a recent Hiscox report found that NFT art sales have already hit $3.5 As artists increasingly express themselves through NFTs, will their moral rights be protected? But would a court ever attribute moral rights to the author of an NFT?

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 A brand should also obtain waiver of moral rights from the influencer. billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%.

Marketing 57

Marketing Marketing Contracts Branding 57

JIPL Online

APRIL 9, 2021

While reporting and removing copyright infringing memes is now easier than ever, such removal efforts still demand significant time and money. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

LexBlog IP

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 A brand should also obtain waiver of moral rights from the influencer. billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%.

Marketing 52

Marketing Marketing Contracts Branding 52

SpicyIP

OCTOBER 6, 2024

Coincidentally, this move came after the reports of oppositions to Gilead’s patent application on the drug. The Court held that there was violation of the plaintiff’s personality/publicity rights as well as moral rights in his performances. Lalit Kumar v. Ratan Malkani v.

Registration 105

Registration Copyright Licensing Trademark 105

IP and Legal Filings

APRIL 26, 2023

Recently, an interesting case emerged in which a First Information Report (FIR) was filed against Yash Raj Films (YRF), a prominent production company in Mumbai, under sections 409, 34 of the Indian Penal Code, 1860, and section 63 of the Copyright Act. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

MAY 22, 2023

The Response to Consultation Report notes that the UK IPO planned to introduce a new copyright and database exception which allowed TDM for any purpose, including commercial use. This decision was met with backlash, particularly from the creative industries.

Music 83

Music Intellectual Property Copyright Technology 83

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout. know that Tintin often gets involved in dangerous situations, but never in dangerous amorous or erotic situations. The parody defence.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

SpicyIP

MAY 23, 2024

Eastern Indian Motion Pictures , ruled that under Section 17(b) and 17(c), Copyrights Act, 1957, once an original work becomes a part of a cinematograph film, the rights of the authors of underlying original work no longer subsist.

Music 58

Music Licensing Copyright Moral Rights 58

Kluwer Copyright Blog

OCTOBER 19, 2022

Film composers may always invoke the right to proportionate remuneration, the contract adjustment mechanism and the reporting obligations specific to audiovisual production contracts for the exploitation of their work on French territory, regardless of any choice of law.

Contracts 52

Contracts Law Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case. The Goldrapper case concerned, once more, a claim for non-material damages as per Section 97(2), fourth sentence UrhG.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

OCTOBER 17, 2022

Mandatory EU rules include the provisions of the CDSM Directive concerning active reporting obligations, the contract adjustment mechanism and the potential recourse to alternative dispute resolution (see Articles 19, 20 and 21 in conjunction with 23(1) CDSM Directive ).

Contracts 52

Contracts Law Copyright Moral Rights 52

43(B)log

APRIL 7, 2023

Obliged to do annual reporting at least on types of notices to whom, for what, and resulting action; suspension of trusted flagger status possible during investigation from significant number of imprecise/inaccurate/unsubstantiated notices. DSA: Admirable technocrats’ work, even with much that is unknown or could have been done differently.

Art 45

Art Copyright Settlement Privacy 45

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG). 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

SEPTEMBER 30, 2022

And here is the second part of the report about the intense day of study dedicated to the memory of Prof. Luigi Carlo Ubertazzi (first part here ), again in a highly simplified version given the very high level of the various speeches/talks.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

TorrentFreak

JUNE 8, 2023

Widespread Abuse Kulturen reported hearing from 20 Danish actresses affected by this issue, which some describe as abuse and being molested. In this case, the Rights Alliance also reported the issue to the police, on behalf of the Danish Actors’ Association and the respective rightsholders.

Moral Rights 113

Moral Rights Copyright Reporting Copyright Infringement 113

SpicyIP

JULY 11, 2021

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

The IPKat

MARCH 24, 2023

The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works. Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act).

Copyright 64

Copyright Moral Rights Fair Use Related Rights 64

43(B)log

FEBRUARY 19, 2022

Feist cites INS for proposition that the “news element” is not the creation of the writer but the report of the history of the day which is public property. But INS continues—not in the quote—to allow a limited property right in news of the day. Natural or moral right to own fruit of labors. Feist cites INS v.

Copyright 59

Copyright Moral Rights Artwork Art 59

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

SpicyIP

JULY 14, 2023

Le Chapelier Report to Parliament, 1791) This conflict between authors and the media led to the creation of the first not-for-profit copyright societies: for dramatic works in 1777 and musical works in 1850. Comparative studies of the Vedic philosophy of self and the moral right of the author, the Berne Convention, and IPRS v.

Moral Rights 93

Moral Rights Publishing Copyright Music 93