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

SpicyIP

FEBRUARY 24, 2022

The NLUJ-CIPS Blog. 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.

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IP Intellectual Property Moral Rights Blogging 129

Kluwer Copyright Blog

FEBRUARY 15, 2023

Image by Alexandra_Koch via Pixabay The recent blog post by Matt Hervey provides an interesting summary by someone who clearly has a good understanding of the subject matter. I summarized some of those arguments on this blog. Then of course I would love to see the machine exercise its moral rights.

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Copyright Moral Rights Blogging Editing 143

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

SpicyIP

FEBRUARY 10, 2024

Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment. Is It Though?

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Moral Rights Copyright Infringement Related Rights Government 113

Kashishipr

AUGUST 31, 2022

The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights. It involves their exclusive right to control and make copies of their creative works.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

JUNE 27, 2022

The blog is divided into two parts and this is part 2 of the blog. PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. The need of protecting IPRs is inarguably increasing day by day.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Intellectual Property Brief

NOVEMBER 3, 2021

Property rights and artist rights collide in this legal dispute between Vermont Law School and artist Sam Kerson. Property owners are developing unique methods to preserve art with respect to artists’ moral rights to their work.

Moral Rights 52

Moral Rights Law Art Blogging 52

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Disclosure requirements are carefully monitored by the ASA and the CMA (see our previous blog in relation to this here ).

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Marketing Marketing Branding Brands 57

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

IPilogue

MARCH 29, 2023

However, academics question whether moral rights, which are not part of the US regime, will extend to AI authors and if AI authorship will alter the copyright term of the last living author’s death plus 70 years.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Disclosure requirements are carefully monitored by the ASA and the CMA (see our previous blog in relation to this here ).

Marketing 52

Marketing Marketing Contracts Branding 52

IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. This blog explored the complex legal complexities surrounding the protection of movie titles and questioned the fundamental purpose of copyright in a field where language and innovation coexist.

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Cinema Copyright Blogging Registration 82

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

These rights uphold the same moral rights as in any other case, enabling the author of such NFTs, the right to claim authorship of his work; and the right to restrain his work from being distorted, mutilated, modified, or altered and to claim damages for the same distortion, mutilation, modification or alteration.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

IPilogue

JANUARY 20, 2022

Those who criticize the company, and any association with it, may have better grounds to stand on than moral outrage over pornography. . Moral rights include the right to the integrity of the work and attribution in reasonable circumstances. Museums in France can claim perpetual moral rights of an author’s work.

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Marketing Marketing Public Domain Moral Rights 111

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

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Artwork Public Domain Moral Rights Art 143

IPilogue

NOVEMBER 30, 2022

Similarly insufficient is the form of non-perpetual protection favoured by the Common Law – moral rights in Holocaust works should be granted perpetual protection, which requires special legislation. Dean Zemer presented evocative images , sounds , and stories of the Holocaust.

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Art Copyright Moral Rights Fair Use 106

Garrigues Blog

NOVEMBER 28, 2023

Determining the final shape and form of a work is particularly important, because from the moment it is created it is afforded intellectual property rights (economic and moral rights). apareció primero en Intellectual and Industrial Property Blog - Garrigues. The Spanish courts have hardly addressed this issue.

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

In our previous blogs, we have discussed the need for protection of Traditional Cultural Expressions (TCE) as well as the formulation of policies and institutions for the same. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. India’s approach. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

In our previous blogs, we have discussed the need for protection of Traditional Cultural Expressions (TCE) as well as the formulation of policies and institutions for the same. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. India’s approach. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

IPilogue

NOVEMBER 30, 2021

Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. Moral rights ensure the integrity of the work, and, when reasonable, the artist’s right to association with their work by name or pseudonym. What about copyright infringement?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

Patently-O

SEPTEMBER 27, 2023

The first blog in the series is here and resources from the first conference of the initiative are available here. This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity.

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Inventor Moral Rights Business Technology 115

TorrentFreak

AUGUST 26, 2022

In a 2017 blog post, Schneider described YouTube as a Wood Chipper on Steroids , complaining that when MP3s are uploaded to YouTube, they are converted into a different format and in the process, all metadata – Copyright Management Information – is lost. The Eleventh Circuit opinion can be found here (pdf). ——-.

Moral Rights 124

Moral Rights Copyright Public Domain Copyright Infringement 124

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. His previous posts on the blog can be accessed here and here. Comparative studies of the Vedic philosophy of self and the moral right of the author, the Berne Convention, and IPRS v.

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Moral Rights Publishing Copyright Music 93

IPilogue

MARCH 29, 2023

However, academics question whether moral rights, which are not part of the US regime, will extend to AI authors and if AI authorship will alter the copyright term of the last living author’s death plus 70 years.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

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.

Art 105

Art Moral Rights Artwork Editing 105

Garrigues Blog

JUNE 29, 2023

apareció primero en Intellectual and Industrial Property Blog - Garrigues. Isabel Pérez-Cabrero Ferrández Industrial and Intellectual Property Department at Garrigues La entrada Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

IPilogue

FEBRUARY 25, 2022

Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows. Twitch Popularity.

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Music Moral Rights Copyright IP 102

JIPL Online

APRIL 9, 2021

With this brief background in mind, this blog post explores the implications of copyright protection of memes. 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. Zywicki & Thomas J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

SpicyIP

FEBRUARY 27, 2024

Performers, Rights, and Copyright: The concept of performers’ rights continues to intrigue, posing numerous unanswered questions as highlighted in various posts on the blog. Google, particularly looking into ‘consent’ and the moral rights of a performer.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

However, the registration of copyright is not mandatory, but it is advisable to get your works protected as this would grant rights to the author or to the real owner of the copyright namely rights of reproduction, licensing right, moral rights, and economic rights.

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Registration Copyright Moral Rights Copyright Infringement 52

Kluwer Copyright Blog

DECEMBER 18, 2022

To the readers of this blog who have been following (for example here or here ) the debates around the enactment and implementation of the DSM Directive – a directive that aims to be in sync with the ‘rapid technological developments’ – the above sentence might seem counterintuitive. Favouring the press publishers.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Intepat

OCTOBER 7, 2022

d) Taking legal action when an artist’s IPRs or moral rights are violated. This comprises: 1) Employing the © symbol on your artworks such as paintings, drawings, sculptures, etc. 2) One should register their art Under Copyright, which is soundproof of the date of creation of the art.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

SpicyIP

DECEMBER 20, 2023

As time passed, several developments happened on this front and there were brilliant posts on the blog, e.g. by Mrinalini Kochupillai , Prof. (Dr.) Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. Gopalakrishnan , Shalini Bhutani , Dr. Deepa Kachroo Tiku , Mr. R.K.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks.

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Trademark IP Higher Education Moral Rights 98