The IPKat

JANUARY 30, 2022

PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the public domain) by Louis Larivière in the Louvre, Paris" on a book cover. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

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. Upon the finalization of the sale, the agreement is enforceable as a contract under the provisions of the Indian Contract Act, 1872.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

43(B)log

AUGUST 11, 2021

Twain called it “a curiously strong piece of literary work to come unpremeditated from lips untrained in the literary art.” A: my point is exactly that: that these cases are about contracts/implied consent. Deals with © and moral rights, first sale, users rights. They’re both authors. What do we do with that?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” Artistic use is not generally considered a commercial purpose, even if the artist is making money from it, such as if the works are on sale at an art gallery.

Publishing 85

Publishing Art Contracts Artwork 85

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

AUGUST 11, 2022

Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? A: family supplies raw material for work of art. The machine has no rights, so there’s no worry about exploiting it.

Ownership 80

Ownership Moral Rights Copyright Branding 80

Velocity of Content

MARCH 16, 2023

If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world. As a lawyer by training, I am interested in the art of lawyering. As the case approaches its three-year birthday, we are now in the summary judgement phase.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. A lot of artists are now experimenting with digital art.

Non-Fungible Tokens 79

Non-Fungible Tokens Copyright Intellectual Property Ownership 79

The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

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. 4, works of applied art. Moral rights (Sections 12-14 UrhG). 4, (2) UrhG. [1].

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124