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A musical box infringes author’s moral rights, says the French Cassation Court

The IPKat

During his lifetime, Trenet assigned his economic rights to these songs to his music publisher, Editions Raoul Breton. After Trenet’s death, all his patrimony (including the moral rights to the songs) were inherited by his friend, Georges El Assidi. In 2016, PML started manufacturing musical boxes with Trenet’s songs.

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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

In 2016, litigation ensued before the Court of First Instance of Milan, with Garrone seeking to obtain a declaration that the artefact in his possession was in fact authored by Jeff Koons. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94
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AI and Copyright: A Reply to Matt Hervey

Kluwer Copyright Blog

Moreover, the presumption of validity of the certificate in Canada is weaker than, say, the simple presumption that an author is the first owner of copyright (see Andrews v McHale, 2016 FC 624). Then of course I would love to see the machine exercise its moral rights.

Copyright 143
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Beyond the Big Screen: The Legal Odyssey of Film Titles in India

IP and Legal Filings

Shyam Vithalrao Devkatta, (2016) 2 SCC 521 [3] Sholay Media and Entertainment v Parag M. Ashutosh Gowarikar, 2016 SCC OnLine Bom 5207 [8] Zee Entertainment Enterprises Ltd. 2016 SCC OnLine Bom 1812 [11] Biswaroop Roy Choudhary v. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 82
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Canadian Perspectives on Artist Resale Rights

IPilogue

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”.

Art 105
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Monday Miscellany

The IPKat

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.

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Maasai Fashion: Indigenous People Vs Corporates

IP and Legal Filings

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.