The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? What happens when a copyright infringement claim is made against the playwright? And who poses moral rights in the work? In what circumstances can a director or actor be granted joint-authorship with the writer? The monograph is presented in six chapters.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

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

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Indeed, it has been called “the most troublesome in the whole law of copyright.” The modern understanding of transformative use, which lies at the heart of fair use, originally emerged from a 1990 article by Judge Pierre Leval. Fair Use Precedent? 106A of the U.S.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

The IPKat

JANUARY 17, 2024

As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal. Dan Slușanschi A further appeal to the High Court of Cassation and Justice followed.

Derivative Work 137

Derivative Work Editing Copyright Music 137

TorrentFreak

JUNE 8, 2023

In addition to the financial aspects, copyrights also have moral rights which include the right to integrity, which could come into play here. The Rights Alliance, therefore, urges Reddit to take its responsibilities seriously under Article 17 of the EU Copyright Directive.

Moral Rights 93

Moral Rights Copyright Reporting Copyright Infringement 93

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. Background, analysis and comments are provided by GuestKat Anastasiia Kyrylenko.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

The IPKat

DECEMBER 26, 2022

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. Indeed, relying explicitly on Article L. Based rightfully on both a strict reading of Article L.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

IP Whiteboard

AUGUST 30, 2020

This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo? Does copyright exist in tattoos? What about moral rights? Is it copyright infringement to copy a work and use it as a tattoo? . What about moral rights? 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” ” CMI Claims Against YouTube. While YouTube denies them all, at some point the CMI matter will need to be addressed.

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION. CONCLUSION.

Music 74

Music Copyright Copyright Infringement Moral Rights 74

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. More information about this event here. Registration is open here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 83

Copyright Intellectual Property Ownership Technology 83

Kluwer Copyright Blog

SEPTEMBER 1, 2021

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 works under French copyright law. In addition, Article L.122-4 here and here ). music synchronised in an advertisement) and adaptations (e.g.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

Kluwer Copyright Blog

NOVEMBER 24, 2021

These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790). Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

JANUARY 22, 2024

After Berne Convention, TRIPS Agreement, 1994, adopted by WTO was the second major international treaty, dealing with the copyright protection. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. It allows the contributor to retain ownership while granting Google the legal rights to use the contribution. Another significant legal issue is the matter of contributor agreements.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. It allows the contributor to retain ownership while granting Google the legal rights to use the contribution. Another significant legal issue is the matter of contributor agreements.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP and Legal Filings

OCTOBER 11, 2022

Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., In a copyright infringement suit concerning the film ‘Shamshera’ the Delhi High Court in Bikramjeet Singh Bullar v.

IP 124

IP Copyright Trademark Intellectual Property 124