Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. Key aspects of the Beijing treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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 Branding Brands 57

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

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

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

The Indian Contract Act, 1872 – Just like an auction, the NFT sellers list the assets and an agreement is created enumerating the rights of the buyer/buyers through digital means. Upon the finalization of the sale, the agreement is enforceable as a contract under the provisions of the Indian Contract Act, 1872.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

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

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

43(B)log

AUGUST 11, 2021

A: my point is exactly that: that these cases are about contracts/implied consent. As for 1834 Act, it did say an unrecorded assignment was fraudulent and void—and these were read into the contracts by the courts ex post. Deals with © and moral rights, first sale, users rights. Balance with freedom of expression.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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

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

JULY 9, 2023

This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. Once again, opinions are divided on the importance of the right of attribution. The same is for moral rights.

Art 57

Art Copyright Moral Rights Cease and Desist 57

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.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated.

Art 105

Art Moral Rights Artwork Editing 105

43(B)log

JUNE 26, 2023

In Virginia, insurance contracts are interpreted according to general principles of contract law; any ambiguity is construed against the insurer. “In The court concluded that the ROP is an intellectual property right.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

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

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.

Copyright 104

Copyright Public Domain Art Moral Rights 104

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. 6] Stuart D. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

APRIL 26, 2023

The FIR accused YRF of committing a criminal breach of trust (CBT) and violating the Copyright Act by misappropriating 100 crores in royalties that belonged to members of the Indian Performing Right Society (IPRS). As per section 18(1), the author, not the copyright holder, is entitled to receive royalties. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

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

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

The IPKat

FEBRUARY 12, 2024

Unlike the guarantees made under Chapter 4, copyright cannot arise as constitutional rights by reason of its mentions under Chapter 2, Section 251 or Item 13 under the Constitution. If the right to something depends on a contract, or a statute explicitly creating it (e.g., copyright), can one call such a constitutional right?

Copyright 62

Copyright Moral Rights Government Public Domain 62

43(B)log

AUGUST 11, 2022

Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? WFH: an AI can’t sign a written contract or be an employee, so it doesn’t really fit.

Ownership 80

Ownership Moral Rights Copyright Branding 80

Velocity of Content

MARCH 16, 2023

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. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Traverse Legal Blog

SEPTEMBER 28, 2023

GET IN TOUCH Speak With An Open Source Attorney Contact us Choosing the Right Open Source License For Your Project Choosing the suitable licensing model at the inception of an open-source project is not just a legal formality; it’s a strategic imperative.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

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

LexBlog IP

SEPTEMBER 28, 2023

GET IN TOUCH Speak With An Open Source Attorney Contact us Choosing the Right Open Source License For Your Project Choosing the suitable licensing model at the inception of an open-source project is not just a legal formality; it’s a strategic imperative.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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

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

IP and Legal Filings

JANUARY 23, 2023

NFTs are governed by smart contracts, which divide ownership and limit transferability. Blockchain technology allows smart contracts to operate, ensuring the integrity of all sent and received data. [iv] vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor.

Non-Fungible Tokens 83

Non-Fungible Tokens Copyright Intellectual Property Ownership 83

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.

Reporting 91

Reporting IP Contracts Licensing 91

The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

SpicyIP

JULY 13, 2021

However, it needs to be pointed out that the court has explicitly mentioned in the order that “celebrity rights is a bundle of rights comprising of Intellectual Property rights and privacy rights.” Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

IP and Legal Filings

FEBRUARY 20, 2024

The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. Furthermore, in a handful of other instances, such as the case of Titan Industries Ltd. Ramkumar Jewellers [6] , the court seems to have utilised Section 17(b).

Personality Rights 66

Personality Rights Privacy Social Media Intellectual Property 66

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