Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Music 52

Music Moral Rights Copyright Infringement Television 52

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? What happens when a copyright infringement claim is made against the playwright? And who poses moral rights in the work? In what circumstances can a director or actor be granted joint-authorship with the writer? The monograph is presented in six chapters.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. 112-1 and L.112-2-10

Moral Rights 84

Moral Rights Cease and Desist Copyright Infringement Copyright 84

The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. But, for once, there was no question of originality.

Moral Rights 60

Moral Rights Cinema Copyright Infringement Copyright 60

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. The Indian courts have shown proactive measures in restraining the misuse of AI tools for copyright infringement.

Moral Rights 88

Moral Rights Copyright Infringement Related Rights Government 88

IPilogue

NOVEMBER 30, 2021

Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. What about copyright infringement?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights.

Moral Rights 56

Moral Rights Intellectual Property Editing Copyright Infringement 56

Kluwer Copyright Blog

APRIL 22, 2024

With respect to the moral right of public “disclosure”, the Court concludes that such right has not been infringed by Mango, since the Paintings were publicly disclosed decades ago with the Authors’ consent. Therefore, the moral right of “disclosure” had already been exhausted.

Copyright 114

Copyright Artwork Moral Rights Non-Fungible Tokens 114

Kashishipr

AUGUST 31, 2022

Or is it the copyright symbol with the small ‘C’ inside you think about instantly? Or perhaps downloading a pirated movie is Copyright Infringement ? Most people know of copyright; however, they don’t know much about the term.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Also, Moral rights of the creator is given in under Section 57 of the said act, are not relevant to the Artificial Intelligence.

Ownership 75

Ownership Moral Rights Public Domain Intellectual Property 75

IP Whiteboard

AUGUST 30, 2020

This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo? Does copyright exist in tattoos? What about moral rights? Is it copyright infringement to copy a work and use it as a tattoo? . What about moral rights? 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION. CONCLUSION.

Music 95

Music Copyright Copyright Infringement Moral Rights 95

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 73

Moral Rights Database Right Design Designs 73

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 111

Blogging IP Moral Rights Artwork 111

The IPKat

DECEMBER 26, 2022

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. On 18 March 2019, a counterfeit seizure was carried out.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

JULY 21, 2023

Intellectual Property The EC’s comments on each of the IP rights in virtual worlds are primarily found in the Staff Working Document. The communication further states that “it is not clear whether minting or storing NFTs on the blockchain is an exploitation of a copyrighted work.

Moral Rights 52

Moral Rights Copyright Infringement IP Designs 52

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” ” CMI Claims Against YouTube. While YouTube denies them all, at some point the CMI matter will need to be addressed.

Moral Rights 126

Moral Rights Copyright Public Domain Copyright Infringement 126

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 75

Intellectual Property Moral Rights Privacy Copyright Infringement 75

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Further in the case of Civic Chandran and Ors. Ammini Amma and Ors.,

Personality Rights 96

Personality Rights Fair Use Privacy Intellectual Property Law 96

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

However, the registration of copyright is not mandatory, but it is advisable to get your works protected as this would grant rights to the author or to the real owner of the copyright namely rights of reproduction, licensing right, moral rights, and economic rights.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

The IPKat

JULY 9, 2023

Chapter 3 is entitled "Copyright within the street art and graffiti circles". This chapter examines whether street artists and writers are interested in copyright. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The same is for moral rights.

Art 56

Art Copyright Moral Rights Cease and Desist 56

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 64

Intellectual Property Moral Rights Registration Editing 64

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

The IPKat

MAY 9, 2023

The architect filed a lawsuit against the mosque’s owner, claiming the infringement of his moral rights under §§ 14 and 39 of the German Copyright Act. Under § 14, the author has the right to prohibit the distortion or any other derogatory treatment of their work (i.e.,

Copyright 52

Copyright Moral Rights Contracts Art 52

The IPKat

JANUARY 17, 2024

As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal.

Derivative Work 136

Derivative Work Editing Copyright Music 136

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., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

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 98

Copyright Intellectual Property Ownership Technology 98

IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 97

Cinema Copyright Blogging Registration 97

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

Derivative Work 104

Derivative Work Copyright Law Copyright Law 104

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Velocity of Content

MARCH 16, 2023

If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. I speculated that this was an attempt to avoid a messy fair use dispute. This will be hard to defend. Will a lawsuit in an EU jurisdiction be next? What does this mean for the future of AI?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. Another significant legal issue is the matter of contributor agreements. These agreements define the terms under which contributions are made to the project, safeguarding against future legal complications.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. Another significant legal issue is the matter of contributor agreements. These agreements define the terms under which contributions are made to the project, safeguarding against future legal complications.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP and Legal Filings

OCTOBER 11, 2022

The performer is abetted with the right to claim damages in case his performance is distorted, mutilated, or modified in a manner prejudicial to his reputation. Performers right provided under the Copyright Act encompasses special rights, exclusive rights, and moral rights.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

The IPKat

FEBRUARY 20, 2024

Marcel Pemsel examined the decision of the Higher Regional Court of Cologne on whether the provider of domain name system (DNS) resolver and content delivery network (CDN) services can be liable for copyright infringement if it provides its services to the operators of websites with illegal content (in this case, music).

Moral Rights 64

Moral Rights Intellectual Property Editing Inventor 64