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Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. As a result, the lifetime of these rights varies greatly between countries. Waiver of moral right of the author permissible?

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St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 2(c)(i), and, thus, copyrightable under sec. 57 of the Act.

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

Kluwer Copyright Blog

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 121
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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

, this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre. And who poses moral rights in the work?

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Limitation period for copyright infringement actions in France

The IPKat

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement.

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My Concerns with the ‘Can’t Be Evil’ NFT Licenses

Plagiarism Today

Last month, a study published by The Galaxy examined the top 25 most valuable NFT projects and found that, despite many understanding that NFTs transferred either the copyright or the license in the original work, only 1 in 25 of those projects even attempted to do as such. The original creator retains no exploitation rights.

Licensing 204
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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. There, it was presented as an original Koons artwork of which three copies exist.

Artwork 94