IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

43(B)log

AUGUST 11, 2021

The court understood that what the author meant to do was to give the publisher an implied license to use/distribute work; given the risk of forfeiture, they had to frame these facts as an issue of assignment. A: my point is exactly that: that these cases are about contracts/implied consent. Zvi Rosen: Wheaton v.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Velocity of Content

MARCH 16, 2023

V Ross Intelligence, Inc. – (Some) answers coming soon This case, which involves the alleged surreptitious copying of the entire Westlaw database (after having been denied a license) in order to create an allegedly competing product, is already significant in that the Complaint survived a motion to dismiss. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

The IPKat

FEBRUARY 12, 2024

emphasis added to highlight the differences] On the face of it, indeed both the former and current “assignment and licenses” provisions appear to merely speak to the fact that copyright can be transferred as you would a movable property. If the right to something depends on a contract, or a statute explicitly creating it (e.g.,

Copyright 62

Copyright Moral Rights Government Public Domain 62

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

IP and Legal Filings

APRIL 26, 2023

Recently, there have been instances of disputes between film producers and scriptwriters or musical composers over rights such as remakes, dubbing rights, etc. [3] The FIR accused YRF of using its dominant bargaining position to force musicians into signing contracts that deprived them of the royalties that were rightfully theirs.

Copyright 52

Copyright Music Moral Rights Ownership 52

Art Law Journal

AUGUST 18, 2022

A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Contract requirements vary from state to state, but in general, the model release form should ask for permission to use the person’s likeness, 1) for a specified purpose and 2) for a defined duration. .

Publishing 85

Publishing Art Contracts Artwork 85

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

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. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

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.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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. These measures included export controls and compulsory licenses (e.g., A procurement contract does not.

Reporting 91

Reporting IP Contracts Licensing 91

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

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124