article thumbnail

St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

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. 166 of Create, Copy, Disrupt). 57 of the Act.

article thumbnail

Fleshing out the copyright in a tattoo

IP Whiteboard

(Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020. Right: Photo courtesy of Katie Hagebols retrieved from [link]. According to 2018 research, one in five Australians has a tattoo. [1] This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Conundrum Involving The Ownership Of The Work Created By Ai

IP and Legal Filings

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Moral rights have a greater amount of human sentiments appended to the work, and thus, these privileges may not be appropriate for implementation by the AI.

article thumbnail

Analyzing relationship between Contemporary art and Intellectual Property Rights

IIPRD

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

article thumbnail

Artist Royalties: An exegesis of Resale rights in India

IIPRD

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. 10,000 for availing the right under this section. Hussain and F.N.

Artwork 98
article thumbnail

Does food flavouring constitute a “work”?

LexBlog IP

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

article thumbnail

Growth of Virtual Youtubers and IP Complications

IIPRD

However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction. 6] Stuart D. Levi & Alex B.

IP 52