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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

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]

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Can authors waive their right of attribution?

The IPKat

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

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Book review: Performers' Rights

The IPKat

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.

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Non-fungible Tokens: Commercializing Exclusive Digital Art- A Companion Piece

IPilogue

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. The sale of an NFT also includes a smart contract. In May 2021, Emily Ratajkowski sold an NFT called “ Buying Myself Back: A Model for Redistribution” at Christie’s for $140,000 (plus fees).

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Laws Surrounding the Intellectual Property of NFTs in India

Biswajit Sarkar Copyright Blog

Currently, a bill is making its rounds in the parliament, called, Banning of Cryptocurrency & Regulation of Official Digital Currency Bill, 2021. The Indian Contract Act, 1872 – Just like an auction, the NFT sellers list the assets and an agreement is created enumerating the rights of the buyer/buyers through digital means.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. 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. by Christopher Heath. €