The IPKat

JANUARY 30, 2022

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.

Moral Rights 76

Moral Rights Database Right Designs Design 76

The IPKat

NOVEMBER 23, 2023

On 5 March 2021, Mr Jaeger sought a temporary injunction against the founder and his company for copyright infringement. In an order dated 9 November 2021, the judge of the Lille court ruled that possession of the disputed statue constituted a manifestly unlawful infringement of the artist’s copyright.

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

The IPKat

OCTOBER 21, 2023

In a decision dated 7 May 2021, the TJ found Mr Rampazzi liable of copyright infringement. Moral right of attribution Finally, regarding the infringement of the moral right of attribution, the mere fact that the name of Mr Cuny was absent from the photographs published on social networks was sufficient to uphold it.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IPKat

JANUARY 21, 2022

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.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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

IPilogue

JANUARY 20, 2022

Those who criticize the company, and any association with it, may have better grounds to stand on than moral outrage over pornography. . Moral rights include the right to the integrity of the work and attribution in reasonable circumstances. Museums in France can claim perpetual moral rights of an author’s work.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

IPilogue

NOVEMBER 30, 2022

In 2021, the drawing auctioned in Jerusalem for $8,000. Similarly insufficient is the form of non-perpetual protection favoured by the Common Law – moral rights in Holocaust works should be granted perpetual protection, which requires special legislation. In 1942, Berline was transferred to Auschwitz and murdered.

Art 106

Art Copyright Moral Rights Fair Use 106

IPilogue

NOVEMBER 30, 2021

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In May 2021, Emily Ratajkowski sold an NFT called “ Buying Myself Back: A Model for Redistribution” at Christie’s for $140,000 (plus fees). Photo by cdd20 ( Unsplash ).

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

NOVEMBER 14, 2021

moral rights. Trade Marks The IPWatchdog explains the most recent change to the Brazilian trade mark framework as introduced by the Brazilian Patent and Trade Mark Office (INPI – Instituto Nacional da Propriedade Industrial , in Portuguese), after it began accepting (on 1 October 2021) applications to register position marks.

Blogging 113

Blogging IP Moral Rights Artwork 113

The IPKat

NOVEMBER 21, 2021

The International Trademark Association (INTA) held its 2021 Annual Meeting Virtual+ in a hybrid format consisting of five days of sessions (November, 15-19) in New York, Berlin and Los Angeles. The annual review covers topics such as the definition of a work, authorship and moral rights. WTR has written an article about it!

Blogging 73

Blogging IP Moral Rights Copyright 73

SpicyIP

JULY 11, 2021

After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations of a two-member committee consisting of Justice Prathiba M. Bombay High Court in Aman Chhabra and Ors v.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

Currently, a bill is making its rounds in the parliament, called, Banning of Cryptocurrency & Regulation of Official Digital Currency Bill, 2021. Just like crypto, NFTs use blockchain technology such as Ethereum and smart contacts (Binance Smart Chain), creating unique digital signatures making it very secure.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

IPilogue

OCTOBER 7, 2022

ARRs formed part of the Liberal Party’s re-election platform in 2021, but have been central to artist rights advocacy for many years according to CARFAC – the Canadian Artists Representation / Le Front des artistes canadiens – a non-profit organization of professional visual artists.

Art 105

Art Moral Rights Artwork Editing 105

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

Invention 98

Invention Inventor Patent Moral Rights 98

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

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

Olartemoure Blog

MAY 13, 2022

According to the information published by the Ministry of Commerce, Industry, and Tourism, in 2021, China became first Asia’s inverstor in Colombia. Nevertheless, to some, an NFT doesn’t convey copyright, usage rights, moral rights, or any other rights at all, as these aspects are regulated separately in a written contract.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

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 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] 10] The Lawsuit In response to the school’s plan to conceal the murals, on January 20, 2021, Kerson sought a preliminary injunction in the U.S.

Art 52

Art Artwork Law Moral Rights 52

The IPKat

OCTOBER 10, 2022

Approaching the concepts of author and inventor, Sánchez García prefers to adopt a new concept, the ‘Artificial Inventor’ as the “thing that produces effects”, capable of “influencing society with quantifiable and attributable effects” even if it cannot enjoy moral rights (p.121).

Inventor 140

Inventor Invention Patent Ownership 140

IP and Legal Filings

JANUARY 23, 2023

vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor. REFERENCES [i] Robyn Conti, What You Need To Know About Non-Fungible Tokens (NFTs) Forbes (2021), [link] (last visited July 01, 2022). [ii] REUTERS (2021), [link] (last visited July 01, 2022). x] Person & Kelley S.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

The IPKat

DECEMBER 26, 2022

In a judgment dated 17 June 2021, the court granted the plaintiffs' claim. Contrary to the first instance judgment, it is also worth mentioning that the present judgment does not provide any substantive development as to the infringement of the economic and moral rights of the plaintiffs. Mr A appealed those now joint decisions.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

LexBlog IP

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

Invention 52

Invention Inventor Patent Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

with orphan works, see U Suthersanen & M M Frabboni , 2021) and other non-mainstream, non-institutionalised forms of creativity ( E Bonadio & N Lucchi, 2018 ; J Gibson, 2019 ). Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work. 56 of 2021 on management of song and/or music copyrights royalties.

Music 77

Music Copyright Copyright Infringement Moral Rights 77

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. The same trend applied for the viral vector(s), save for a small peak in 2020/2021.

IP 91

IP Reporting Contracts Licensing 91

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022. This is, of course, very important for the creative communities of Cambodia.

Copyright 133

Copyright Moral Rights Copying Publishing 133

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Michael Geist

JUNE 24, 2021

Senator Simons raised fundamental questions, such as the broad scope of the bill: So here and now, precisely where does Canada find the legal authority, the moral right and, most importantly, the practical power to regulate the content of international streaming services that are not broadcast over Canadian airwaves?

Moral Rights 98

Moral Rights Government Television Marketing 98

IIPRD

JANUARY 29, 2023

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. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The term of protection in China is the life of the author plus 50 years for individual authors or 50 years from the first publication of the work for legal entities, unless otherwise provided.

Designs 52

Designs Design Copyright Artistic Work 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Finally, in a judgment of 23 February 2021, the Court of Appeal of Paris condemned Jeff Koons, together with Jeff Koons LLC, the Centre Pompidou Museum, the Prada Foundation and the French publishing company Flammarion, for copyright infringement. Unlike in the Koons cases, the court found that Marabout could rely on the exception for parody.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

The IPKat

AUGUST 15, 2023

A massive commercial success, it was Billboard's Year-End Hot 100 single of 2021. Separately, if someone records samples to be used on your song, absent an agreement to the contrary, it may be that they own the rights to those recordings.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

SpicyIP

FEBRUARY 27, 2024

Google, particularly looking into ‘consent’ and the moral rights of a performer. The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases?” Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. would help. Speaking of which, allegations against Monsanto need highlighting.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

MAY 22, 2023

However, from 29 October 2021 to 7 January 2022, the UK Intellectual Property Office (IPO) ran a consultation on AI and intellectual property covering text and data mining using copyright material.

Music 82

Music Intellectual Property Copyright Technology 82

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Minc Law (Sept. 1, 2013), [link]. xxiv] See Stearns et.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

AUGUST 8, 2021

10] This can be contrasted with, for example, copyright law which, by its very nature, involves the requirement for a human author and the existence of moral rights. [11] 1] Thaler v Commissioner of Patents [2021] FCA 879 ( Thaler ). [2] Thaler [2021] APO 5 ( APO Decision ) at [34]. [5] 3] Thaler at [9], [42]. [4]

Inventor 52

Inventor Patent Patent Application Invention 52