The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms.

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP and Legal Filings

SEPTEMBER 21, 2023

Introduction Copyright, much like other IPs, have aimed at not only protecting someone’s right, but also enabling them to garner maximum commercial exploitation from such an exclusive right over their unique creations. Royalties are shared equally with the author(s) and assignee of copyright, eg.

Copyright 70

Copyright Moral Rights Cinema Music 70

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 137

Derivative Work Editing Copyright Music 137

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Taking him at his word: Did Twain infringe her common-law copyright? Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? Seems unlikely.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. INTRODUCTION.

Music 76

Music Copyright Copyright Infringement Moral Rights 76

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. The copyright lawyer might well respond with a glazed look. But of course. But this is not the case for works of art.

Art 134

Art Artwork Copying Moral Rights 134

TorrentFreak

AUGUST 26, 2022

This metadata can be useful to copyright holders, from conveying something as simple as their name and website address to management and monitoring functions. The DMCA recognizes metadata (and other related marks) as Copyright Management Information (CMI) when “conveyed in connection with” a creative work.

Moral Rights 129

Moral Rights Copyright Public Domain Copyright Infringement 129

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

DECEMBER 19, 2022

If it is undisputed that the owner of the material support of the work gains no economic rights on the work itself – unless provided otherwise –, it is not as crystal-clear whether the digitalization of physical works is a safe adaptation of it.

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

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 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

DECEMBER 18, 2022

Favouring the press publishers. Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

The IPKat

NOVEMBER 29, 2021

published recently in open access (review of Parts I and II, here ). After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. Ncube focuses on methodologies applied in copyright and patent law scholarship.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

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

Garrigues Blog

MAY 11, 2021

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. However, it is a little known right in the industry and it is advisable to make use of it because it offers authors several advantages.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

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 52

Copyright Art Moral Rights Law 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. HarperCollins Publishers India Pvt. While delineating the rights of the parties, the Court held that R.D a) Top 10 IP Judgements/Orders (Topicality/Impact) 1.

IP 124

IP Copyright Trademark Intellectual Property 124

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

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 60

Copyright Law Copyright Law Music 60