The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Another important question is raised in this chapter.

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

Social Media 52

Social Media Art Fair Use Moral Rights 52

LexBlog IP

FEBRUARY 21, 2024

In a recent decision [1] , the Colombian copyright agency took these elements into account when rejecting registration of three (3) works of art, consisting of images that were generated by “Artificial Intelligence derived from prompts in Midjourney.”

Copyright 52

Copyright Copyright Law Moral Rights Law 52

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The post Is The ‘Art’ Of Food Plating Copyrightable appeared first on Intepat IP.

Art 52

Art Copyright Artistic Work Moral Rights 52

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage.

Artwork 143

Artwork Public Domain Moral Rights Art 143

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. to get the status of an author/joint author or any status to properly acknowledge its contribution.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. In this sense, section 57 provides precursory rights to section 53 A.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 52

Designs Design Copyright Artistic Work 52

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

MAY 9, 2023

Statutory copyright protection remains unaffected. […] § 13. Copyright (1) The architect retains all rights to which he is entitled under copyright law, unless they have been transferred to the client in accordance with the content of this contract or on the basis of [any additional] agreement.

Copyright 52

Copyright Moral Rights Contracts Art 52

Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. The following types of original artistic work are protected by copyright.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Cites Henry George.

Copyright 59

Copyright Moral Rights Artwork Art 59

43(B)log

AUGUST 11, 2022

In most cases, the spouse doesn’t contribute copyrightable creativity. Argument: spouse’s contribution should not be seen through copyright law but through family law. Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties.

Ownership 80

Ownership Moral Rights Copyright Branding 80

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. By contrast, the author of a simple photograph is not granted any moral right. Photographs of mere documentation.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

The IPKat

NOVEMBER 29, 2021

After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. Peter Jaszi looks at the future research on IP and the ‘old arts’ (as the author suggests naming them) in Chapter 43. In Chapter 44, Caroline B.

Intellectual Property 73

Intellectual Property IP Moral Rights Art 73

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). It also once again confirms the strong protection of moral rights in Ukrainian copyright law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. art I, § 8, cl. 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

SpicyIP

MAY 1, 2023

Practically, it might not be so difficult to secure licenses from stock photography websites for images such as Getty Images (and other stock photography websites), which has in the past licensed content from its platform to an AI art generator. There can be separate databases for images, videos, information/data, etc.

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. These rights are transferrable for financial benefits.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. structural modifications).

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

The IPKat

SEPTEMBER 30, 2022

In particular stated that new Art. 17 on sharing platforms offered a somewhat unorthodox view, because it seems to break a taboo considering that the issue of providers, at international level, was so far discussed through a mere note to Art. In particular stated that new Art. b) users, in particular given that Art.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action. 19 December 1996, n.11343),

Copyright 52

Copyright Art Moral Rights Law 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

The IPKat

NOVEMBER 1, 2022

AI has created movies such as Sunspring 2016, written novels like The Day a Computer Writes a Novel, and made art in the form of The Next Rembrandt. And, as Aviv Gaon points out in The Future of Copyright in the Age of Artificial Intelligence : AI-authored writing may look like any other human text, but it has no ‘soul’. Arguably not.

Copyright 98

Copyright Moral Rights IP Privacy 98

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. What lessons, if any, should the Egyptian copyright legislator retain from the CJEU’s last words on the liability regime of the ECD? 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

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. Germany has always had an extensive judicial practice in copyright law. 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 60

Copyright Law Copyright Law Music 60

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Union of India clarified that writ petitions challenging an IPAB order should be filed before a Single Judge Bench of the High Court. Acko General Insurance.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? EU has been first mover on some things and not others (Art. Very sticky.

Art 45

Art Copyright Settlement Moral Rights 45