Copying, Copyright, Editing and Moral Rights - Intellectual Property Pulse

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work

Derivative Work Editing Copyright Music

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

Copyright

Copyright Artwork Moral Rights Non-Fungible Tokens

Generative AI and Copyright

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. AI additionally possesses no copyright on the material that it generates.

Copyright

Copyright Intellectual Property Ownership Technology

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

JANUARY 18, 2022

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search. In other nations, moral rights may prohibit that.

Copying

Copying Moral Rights Copyright Registration

Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

Copyright

Copyright Public Domain Art Moral Rights

Unclear student guide not enough to constitute authorisation to use short film still

The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. In 2011, Mr T directed and edited a short film entitled “ Rêve d'enfants ”.

Moral Rights

Moral Rights Cinema Copyright Infringement Copyright

IPSC Panel 14 – Copyright Authorship & Ownership

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Taking him at his word: Did Twain infringe her common-law copyright? Twain gave her a signed & inscribed copy after publication, which descendants donated to UMd decades back. Shani Shisha, Copyright Pragmatism Formalities provoked a strong pragmatic reaction from courts. Seems unlikely.

Ownership

Ownership Moral Rights Copyright Publishing

Using that classic piece of art on a book cover: Grr…

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". The copyright lawyer might well respond with a glazed look. But of course.

Art

Art Artwork Copying Moral Rights

WIPIP Session 8 (copyright)

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. President Ford couldn’t prevent others from copying bare historical facts.

Copyright

Copyright Moral Rights Artwork Art

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts

Contracts Copyright Law Cease and Desist

The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works.

Copyright

Copyright Art Moral Rights Law

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] The court’s holding provides clarity for others who possess works protected by VARA that they may wish to shield from public view. 4th 257 (2d Cir.

Art

Art Artwork Law Moral Rights

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

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. Germany has always had an extensive judicial practice in copyright law. 4, (2) UrhG. [1].

Moral Rights

Moral Rights Law Copyright Copyright Law

The Pastiche in Copyright Law – Towards a European Right to Remix

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law

Copyright Law Copyright Law Music

Intellectual Property Pulse

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Trending Sources

Generative AI and Copyright

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Copyright implications of Augmented Reality for cultural goods – Part 1

Unclear student guide not enough to constitute authorisation to use short film still

IPSC Panel 14 – Copyright Authorship & Ownership

Using that classic piece of art on a book cover: Grr…

WIPIP Session 8 (copyright)

Does food flavouring constitute a “work”?

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

The Pastiche in Copyright Law – Towards a European Right to Remix

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