The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Plagiarism Today

JANUARY 18, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO ( , ) (@TheSpiceDAO) January 15, 2022. The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that.

Copying 338

Copying Moral Rights Copyright Registration 338

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

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. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 The territorial application will take effect on 1 December 2022. of the Madrid Protocol. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

DECEMBER 26, 2022

On 14 March 2022, a similar decision was also issued against the sculptor as he continued to create and sell new infringing busts. Indeed, relying explicitly on Article L. Based rightfully on both a strict reading of Article L. In a judgment dated 17 June 2021, the court granted the plaintiffs' claim.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

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

Kluwer Copyright Blog

DECEMBER 5, 2022

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. When copyright is involved, both economic and moral rights issues are at stake. 2022, 618ff. published in Grur.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. Personality rights as such are not expressly stated in the Constitution, but in the case of Judge K.S. Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution.

Personality Rights 75

Personality Rights Privacy Moral Rights Copyright 75

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. 2022, April 22). LEGISLATION IN INDONESIA. 1] 1995 (1) ARBLR 555 Delhi. [2]

Music 74

Music Copyright Copyright Infringement Moral Rights 74

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. By contrast, the author of a simple photograph is not granted any moral right.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works.

Copyright 52

Copyright Art Moral Rights Law 52

Kluwer Copyright Blog

OCTOBER 19, 2022

The courts of Member States seized to rule on a dispute must apply so-called ‘overriding mandatory provisions’ of their own national law (Article 9(1)-(2) Rome I Regulation ). to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ). Overriding mandatory provisions.

Contracts 52

Contracts Law Copyright Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

First, there may be formal requirements, such as the need for a written document for purposes of proof (see e.g. Article XI.167(1) 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). As a result, the general conflict of laws rule for IP rights applies.

Contracts 52

Contracts Law Copyright Moral Rights 52

IP and Legal Filings

FEBRUARY 20, 2024

While the Constitution does not explicitly mention personality rights, In the case of Judge K.S. Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Puttaswamy v. Privacy is the entitlement to be free from intrusion and and is a continuation of personal freedom.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. While the details of the agreement are yet to be disclosed, it was announced in April 2023, though signed in October 2022.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

AUGUST 31, 2022

In Coleman v John Fairfax Publications Pty LTD ([2003] NSWSC 564 (25 June 2003), a satiric article about a high profile/celebrity rugby coach the court reasoned reasonable reader would find nothing in the article to be taken seriously and the ‘article was self-evidently absurd’ and ‘simply a joke.’

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

APRIL 7, 2023

The DSA Trusted Flagger Regime and Its Interplay with Article 17 DSMD in the Aftermath of CJEU, Poland – A Promising Model? YT for 2022: most removals were automated (5.2 Eleonora Rosati, Stockholm University Trusted flaggers moved from practice to statutory regulation, and are relevant to Art.

Art 45

Art Copyright Settlement Moral Rights 45