Kluwer Copyright Blog

APRIL 22, 2024

Mango, in turn, sustained in its defence that (i) as the rightful owner of the physical Paintings, it was entitled to display them in public, and that (ii) the creation of digital works (i.e. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

The IPKat

NOVEMBER 22, 2021

And who poses moral rights in the work? Chapter five addresses the questions at the heart of who possesses the authority to perform the play, enforcing credit and control by exploring moral rights of attribution and integrity in the theatrical context. The monograph is presented in six chapters.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 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

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

The IPKat

NOVEMBER 23, 2023

Analysis The Cour de Cassation issued a brief but important decision here, focusing solely on the reading of article 2224 of the French Civil Code. The Kats fountain" Comment The application of article 2224 of the Civil Code to copyright infringement proceedings is not new. article 2224 of the Civil Code) must be applied.

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

MAY 11, 2022

The Kluwer Trademark Blog reported on the proposed independent EU regime for CIPs and other findings in a related article. COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. What are the next steps?

Blogging 62

Blogging Moral Rights IP Registration 62

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

The IPKat

OCTOBER 21, 2023

Basing itself explicitly on a combined reading of articles L.111-1 The Court explicitly relied on article 5.3 Protectability of “Lyre” Since the authorship of Mr Cuny was not in dispute, the Court ruled directly on the copyright protection of the “Lyre” lamp model. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. This right has been only formally harmonized in relation to databases (Article 5(b) of the Database Directive) and software (Article 4(1)(b) of the Software Directive).

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. 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. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

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

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

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 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. The article reports that in the first edition, about 10% of the text was removed, with particular attention to avoid any whiff of religious irreverence. So "bowdlerizing" was born.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

Kluwer Copyright Blog

DECEMBER 18, 2022

Just like the Croatian legislator when implementing Article 15 of the DSM Directive. This inclusion was criticised as a redundant addition since newspaper articles are already considered literary works. Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

The IPKat

MARCH 24, 2023

This aligns with (but is not similar to) the definition of "audiovisual fixation" and 'audiovisual work' in Article 2 of the Beijing Treaty a nd proposed section 1(1) of South Africa's Copyright Amendment Bill , respectively.

Copyright 82

Copyright Moral Rights Fair Use Related Rights 82

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

IP Whiteboard

AUGUST 30, 2020

What about moral rights? I do not think that the mere fact that a drawing is of an elementary and commonplace article makes it too simple to be the subject of copyright. [4]. What about moral rights? Another topic which has leads a rabbit hole is the question of moral rights. 1] [link]. [2]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

U.S. Department of Commerce

SEPTEMBER 8, 2023

We firmly believe that diversity and inclusion are not just morally right but also strategically smart. 2] Likewise, a Journal of Management Studies article found a positive relationship between board racial diversity and both firm reputation and innovation. [3] 5] The implications of these findings are profound.

Moral Rights 104

Moral Rights Journalism Business Reporting 104

IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder. Article 39.2

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Plagiarism Today

JANUARY 18, 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. In short, the group wrongly assumed that purchasing the book granted them the rights in the book itself.

Copying 337

Copying Moral Rights Copyright Registration 337

SpicyIP

FEBRUARY 24, 2022

The Blog regularly publishes articles in the field of IP and functions in a structured manner much like a journal. The ownership over the copyright of the essay published on the CIPS Blog will be transferred to the CIPS Blog and the author shall still retain the moral rights over their work. The NLUJ-CIPS Blog.

IP 129

IP Intellectual Property Moral Rights Blogging 129

The IPKat

NOVEMBER 21, 2021

The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. WTR has written an article about it! The annual review covers topics such as the definition of a work, authorship and moral rights.

Blogging 73

Blogging IP Moral Rights Copyright 73

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Further Reading: Michelle Mao’s IPilogue article on ARRs and NFT loopholes.

Art 105

Art Moral Rights Artwork Editing 105

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

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. The Directive Principles of State Policy, has the provision for preserving environment in Article 48A which enables legislative steps in this regard.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

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. The Directive Principles of State Policy, has the provision for preserving environment in Article 48A which enables legislative steps in this regard.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

LexBlog IP

AUGUST 22, 2023

I laugh at many articles about VARA cases, because invariably they point out that, “VARA jurisprudence is relatively rare.” Commissioning parties often present artists with a take-it-or-leave-it ultimatum: waive your VARA rights or forget about getting this job. ” That was true in, like, 1995.

Art 52

Art Moral Rights Law Intellectual Property 52

The IPKat

DECEMBER 22, 2021

Later adherence leaped forward, not least as a consequence of the incorporation of the substantive provisions of the Berne Convention in the TRIPS Agreement in 1994 (except for the protection of moral rights) and, eventually in the 1996 WIPO Copyright Treaty (WCT).

Copyright 133

Copyright Moral Rights Copying Publishing 133

The IPKat

DECEMBER 26, 2022

Indeed, relying explicitly on Article L. Contrary to the first instance judgment, it is also worth mentioning that the present judgment does not provide any substantive development as to the infringement of the economic and moral rights of the plaintiffs. Based rightfully on both a strict reading of Article L.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

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. published in Grur. 2022, 618ff.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

FEBRUARY 20, 2023

633 , copyright protection is granted to all creative intellectual works, irrespective of the manner in which they are expressed (Article 1). The work, from the moment when it was created as a piece of street art in Genoa, became potentially protectable under Italian copyright law, which includes both commercial and moral rights.

Art 98

Art Music Artwork Social Media 98

TorrentFreak

AUGUST 26, 2022

In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. The Eleventh Circuit opinion can be found here (pdf). ——-.

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

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 of the Madrid Protocol.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Intepat

OCTOBER 7, 2022

an article made with artistic skill. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect. In that case, the designer will be able to benefit only from design protection up to the article’s 50th reproduction.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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. It will be protected as an original artistic work, granting chefs the same economic and moral rights as writers of other works.

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

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67