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).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

The IPKat

DECEMBER 5, 2021

Also, is there a connection between this story and a possible infringement of the author's moral rights? Is the album per se, conceived as a particular sequence of songs, a work that is the result of the author's "free and creative choices" and thus deserving of the protection of the moral right of integrity?

Moral Rights 143

Moral Rights Music Television Copyright 143

The IPKat

OCTOBER 21, 2023

This passage appears to be a non-explicit reference to CJEU case law on the absence of originality resulting from technical constraints or considerations that leave no room for creative freedom [ IPKat on Cofemel here ]. As a result, the conditions for the application of the exception were not met.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IPKat

FEBRUARY 20, 2024

One of Mango's virtual fashion week runways ( Mango ) The Court's ruling Moral rights The Court began by examining the moral right of dissemination under Spanish law, and found that - seeing as the relevant works had already been displayed to the public at large - such rights had been exhausted, and there was no further infringement.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

Kashishipr

AUGUST 31, 2022

The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights. It involves their exclusive right to control and make copies of their creative works.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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 60

Ownership Moral Rights Public Domain Intellectual Property 60

43(B)log

AUGUST 11, 2021

Inscription: “to Aunty Cord with his kindest regards,” says it’s a “libelous portrait” but well meant; perhaps referring to stereotypical illustration that accompanied publication. Deals with © and moral rights, first sale, users rights. EU didn’t and probably won’t harmonize moral rights, unclear why.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. Spoiler: The GC considered that the referred application would exploit the reputation of the Porto PDO.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

IP and Legal Filings

SEPTEMBER 21, 2023

Unlike the Screen Actors Guild (SAG) [13] in the USA, artists do not have their own copyright society like the singers do, which is the Indian Singers Rights Association (ISRA) [14]. They are not included under the IPRS either because “performers” in its name refer to those who are composers and lyricists. [15] 14, 1957 (India). [2]

Copyright 71

Copyright Moral Rights Cinema Music 71

LexBlog IP

FEBRUARY 21, 2024

In addition, protectable works are required to be original, and originality is understood to refer to the particular features of the creation, which makes them identifiable as becoming from the intellectual activity and expression of the author.

Copyright 52

Copyright Copyright Law Moral Rights Law 52

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. When there is no moral right varnishing on the text, can we speak of an "authentic" work of literature, which is exempt from any later alteration? So "bowdlerizing" was born.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

IPilogue

NOVEMBER 30, 2021

If we refer to the computer serial number example, just because you own one version of a computer does not mean you own the patent for the underlying software in the computer. 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 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions.

Inventor 52

Inventor Moral Rights Patent Invention 52

The IPKat

JANUARY 17, 2024

The notion of ‘critical edition’ refers to the edition of an ancient, classical or other text produced as the authoritative version by comparing the variants, and accompanied by comments and the requisite critical apparatus. As a result, his estate launched proceedings for copyright infringement. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

SpicyIP

MAY 23, 2024

The judgement, despite its fanciful articulation was conceptually loose and was criticized for its interpretation so much so that the report of the Parliamentary Standing Committee remarked that rights of such authors are being wrongfully exploited in the name of the judgement. What’s Next?

Music 59

Music Licensing Copyright Moral Rights 59

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.

Moral Rights 52

Moral Rights Copyright Infringement Designs Design 52

SpicyIP

MAY 1, 2023

Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context? There needs to be transparency about the manner in which a training dataset has been obtained/licensed by the AI developer.

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

APRIL 26, 2023

Although the ownership of a work can be transferred by assigning the copyright, the author always remains the same and is not considered when referring to the owner of the work. REFERENCES [link] [link] [link] [link] [link] [link] [link] [link] [link] [link] [link] [1] [link] [2] Supra note 4 at s. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

IIPRD

MARCH 1, 2023

[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. References 1. The Copyright Act, 1957 2. Yoo, Christopher.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. 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.

Copyright 103

Copyright Public Domain Art Moral Rights 103

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 this case, the use of the term “harvesting” in reference to gathering ideas was being applied to brainstorming sessions. This language was modified after the initial interviews.

Inventor 115

Inventor Moral Rights Business Technology 115

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales.

Personality Rights 77

Personality Rights Privacy Moral Rights Copyright 77

The IPKat

SEPTEMBER 30, 2022

Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”. The professor posed a series of provocative questions with reference to NFTs: Are they a private good?

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

LexBlog IP

AUGUST 30, 2023

According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moral right). Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

Copyright has been referred to as the creation of a statute under the private property of law that has its subsistence in the various types of works. The other additional rights such as filing for copyright infringement and claiming of damages both in the civil and criminal ratios as so claimed by the plaintiff.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

IP and Legal Filings

MARCH 28, 2024

” Nonetheless, this lawsuit gave birth to the concept of “ sequel rights,” which allow for the preservation of movie names by injunction. ” [9] Furthermore, there have been instances, such as “ Arbaaz Khan Production Private Limited v. North Star Entertainment Pvt. Ltd ” [10].,

Cinema 80

Cinema Copyright Blogging Registration 80

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 73

Copyright Intellectual Property Registration Copyright Infringement 73

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. A lot of attention is placed on the art of plating, especially in the restaurant business.

Art 52

Art Copyright Artistic Work Moral Rights 52

Kluwer Copyright Blog

AUGUST 12, 2021

It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art. The Ubiquitous Lacunae in the ECL and Platform Liability Regime.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock].

Music 77

Music Copyright Copyright Infringement Moral Rights 77

IIPRD

NOVEMBER 1, 2023

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. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

SpicyIP

JULY 13, 2021

Firstly, the court deferred to the opinion that the film and its associated works were leaning towards works of fiction merely because they were not manifestly using references to the actor or his family. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

Kluwer Copyright Blog

MARCH 13, 2023

For example, in some contexts “pastiche” is used to refer to a stylistic imitation, which would fall outside of the scope of copyright altogether and therefore cannot be the subject of a copyright exception. In other contexts, pastiche is used to refer to collages of different works or to imitations of a single work.

Copyright Law 60

Copyright Law Copyright Law Music 60

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59