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

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). The current law with its definition of a work makes the requirement of the objective form explicit.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Along with the economic rights granted by copyright, the copyright holder also has moral rights. India is a signatory to the Berne Convention, and Article 6bis of that Convention protects moral rights, commonly known as the paternity rights of the author or creator of the copyrighted works.

Music 52

Music Moral Rights Copyright Infringement Television 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

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

If a performance is arranged by a school in its premises where the students will put up a musical performance for their teachers and fellow schoolmates, then it will be covered under the fair-use exception of the Copyright law. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

OCTOBER 11, 2022

Article 108(3-bis) clarifies in fact that non-profit uses of cultural heritage items for purposes of study, research, freedom of expression or creative expression, and promotion of the knowledge of cultural heritage do not require authorization. This said, authorization is not required in each and every case.

Artwork 143

Artwork Public Domain Moral Rights Art 143

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. Copyright law protects just the expression, not the idea itself.

Copyright 83

Copyright Intellectual Property Ownership Technology 83

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Overview of the Egyptian Copyright Law. 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

JUNE 18, 2021

The BTAP offers a solution in its controversial Article 12, which enables, but does not require, participating States to introduce a presumption of assignment in favour of the producer, unless otherwise agreed, from the moment the artist agrees to the fixation of his performance in an audiovisual recording. Key aspects of the Beijing treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Garrigues Blog

NOVEMBER 28, 2023

Article 92.1 of the Copyright Law ( LPI ) provides that it is the director — as co-author of the audiovisual work ex article 87 LPI—, and the producer, who have the final say on an audiovisual work, all in accordance with the agreement reached between both parties. What is the practice in the Spanish audiovisual industry?

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well. Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Moreover, the supreme law of the land, the Indian Constitution contains provisions that recognizes conservation of cultural practices as well. Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. an article made with artistic skill. For instance, one can get the Copyright to a unique print they make for a piece of clothing. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

The IPKat

FEBRUARY 20, 2023

Consequently, according to Law 22.04.1941 No. 633 , copyright protection is granted to all creative intellectual works, irrespective of the manner in which they are expressed (Article 1). A few days have passed since the initial reaction from the Instagram account Cicatrici Nere, on which the issue was brought up.

Art 98

Art Music Artwork Social Media 98

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. an article made with artistic skill. For instance, one can get the copyright to a unique print they make for a piece of clothing. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The quick analysis reveals that copyrighting food plating is a reasonable option, given the conditions for obtaining copyright under Indian law.

Art 52

Art Copyright Artistic Work Moral Rights 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. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

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. All Berne Union Member States must thus provide copyright protection to photographic works.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

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. The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’).

Music 74

Music Copyright Copyright Infringement Moral Rights 74

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. After Berne Convention, TRIPS Agreement, 1994, adopted by WTO was the second major international treaty, dealing with the copyright protection.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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

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

The IPKat

FEBRUARY 12, 2024

Here's what Seun says: Copyright as Movable Property: Constitutional Issues with Nigeria’s Copyright Act 2022 by Seun Lari-Williams Section 30 (1) of Nigeria’s new Copyright Act explicitly deems copyright as movable property "for the purpose of Chapter 4 of the Constitution". copyright law.

Copyright 62

Copyright Moral Rights Government Public Domain 62

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

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. In order to do this, the law is changing to stop the unrestricted use of the right. Puttaswamy v.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

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

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?

Art 45

Art Copyright Settlement Moral Rights 45

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. Crown Craft has clarified that the Designs Act protects the application of ideas to articles and not ideas in abstract themselves.

IP 124

IP Copyright Trademark Intellectual Property 124