JD Supra Law

DECEMBER 14, 2021

There are many common misconceptions about copyrights and other rights associated with the ownership and control of a creative work, such as moral rights. These misconceptions often result in poor contract drafting, which can result in invalid terms and increased risk of conflict. By: SmithAmundsen LLC

Moral Rights 52

Moral Rights Ownership Contracts Copyright 52

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

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. The book is presented in 11 chapters. What about a juggler?

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Kluwer Copyright Blog

JUNE 18, 2021

In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. It was a historic milestone in the area of rights related to copyright. It was a historic milestone in the area of rights related to copyright.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

NOVEMBER 6, 2023

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. Second, the law may prohibit clauses deemed unfair or excessive. Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. The author has researched the laws of Belgium, France, Germany and the Netherlands.

Contracts 52

Contracts Law Copyright Intellectual Property 52

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums. 2, (c); art.

Moral Rights 70

Moral Rights Copyright Music Art 70

The IPKat

SEPTEMBER 26, 2023

This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. American company Narcos obtained the right to synchronise this work for an episode of the series Narcos - Mexico, of which it is the producer, granted by the company Regent. Facts Mr M.

Moral Rights 73

Moral Rights Music Cease and Desist Contracts 73

IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. The sale of an NFT also includes a smart contract. Old Laws Protect New Trends.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Velocity of Content

DECEMBER 4, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). See 17 U.S.C. § 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

NFTs include digital assets and other intellectual property like images, video files, audio files that one could purchase and hold exclusive rights to, while cryptocurrencies are fundamentally used to purchase such exclusive tokens. Laws Governing NFTs. With the most valued NFT sold at 11.7

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

IPilogue

OCTOBER 7, 2022

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Under current Canadian law, artists such as sculptors and painters receive no profits from their works’ resale. One commonly cited example is the late Inuit artist Kenojuak Ashevak’s print titled Enchanted Owl.

Art 105

Art Moral Rights Artwork Editing 105

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. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Contracts Branding 57

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. Patents GuestKat Rose Hughes analysed a recent decision of the English High Court regarding the clinical formulation of Bayer's cancer drug, sorafenib.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

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. These advantages can be made profitable for the owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. A procurement contract does not. The production that was contracted out rose, but at a lesser rate.

IP 91

IP Reporting Contracts Licensing 91

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. 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. 2022, 618ff. by Edward J.

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Copyright Public Domain Art Moral Rights 105

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

MAY 9, 2023

In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3 The client owns the copyright to the image of the building, which is the object of this contract. (2) Statutory copyright protection remains unaffected. […] § 13.

Copyright 52

Copyright Moral Rights Contracts Art 52

Art Law Journal

AUGUST 18, 2022

For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents. Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona.

Publishing 85

Publishing Art Contracts Artwork 85

The IPKat

MAY 18, 2024

In this respect, the Court recalled that “ there are either contracts for the assignment of rights or free execution authorisations, which is what the authorisation of use relied on by the defendant should be equated with. 131-2 and L. 131-3 of the CPI.

Moral Rights 62

Moral Rights Cinema Copyright Infringement Copyright 62

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

JUNE 27, 2022

In order to protect the same the laws should in tandem with the pace of technology. In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Since there is no defined law, injunction cannot be explicitly awarded and enforced by the courts.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book. Those artists are attached to their creations and to the right of attribution. because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

43(B)log

JUNE 26, 2023

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. But it is generally known as the “right of publicity” as evolved from the right of privacy.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

IP and Legal Filings

APRIL 18, 2023

1] Legal personality refers to the ability of an entity to hold legal rights and obligations. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2] 5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks.

Inventor 52

Inventor Moral Rights Patent Invention 52

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. It it is, therefore, likely that the copyright infringement claim would effectively follow the breach of contract claim.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

APRIL 26, 2023

1] The creation of a movie involves collaboration between multiple individuals including the director, actors, composer of the soundtrack, and screenwriter, but under copyright law, only the producer is considered the film’s sole creator and owner. This preference for producers in copyright law has recently been questioned.

Copyright 52

Copyright Music Moral Rights Ownership 52

IIPRD

JUNE 13, 2024

Abstract This paper delves into the profound integration of artificial intelligence (AI) into contemporary life and its impact on intellectual property rights (IPR). Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The IPKat

FEBRUARY 12, 2024

Is copyright movable property under Nigerian law? Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. copyright), can one call such a constitutional right? copyright law.

Copyright 62

Copyright Moral Rights Government Public Domain 62

SpicyIP

MAY 23, 2024

Saregama ) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur.

Music 59

Music Licensing Copyright Moral Rights 59

SpicyIP

MAY 3, 2023

Such treatment usually amounts to violations of the moral rights of the author. In this post, I shall examine the concept of the moral right of integrity and its potential as a tool in protecting the works of authors posthumously.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Definition of a work (Sections 2-5 UrhG). 4, (2) UrhG. [1].

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

APRIL 2, 2025

It distinguished between economic rights (which are assignable) and moral rights (which are not assignable). Because economic rights can be assigned, copyright has a value realisable in money. And contracting out agreements will become more important for creators to secure the whole copyright if a relationship ends.

Copyright 52

Copyright Moral Rights Artwork Licensing 52