The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 74

Moral Rights Artwork Fair Use Copyright 74

The IPKat

MAY 18, 2024

Analysing the body of evidence produced by Mr T ( i.e. pictures showing him photographing the young girl featured in the still, an email, an attestation from third parties, a digital copy of the short film ), the TJ held that the litigious image was part of “ Rêve d’enfants ”, created before its exploitation by the school.

Moral Rights 61

Moral Rights Cinema Copyright Infringement Copyright 61

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book. Those artists are attached to their creations and to the right of attribution.

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. Copyright law protects just the expression, not the idea itself. This means that using the protected work requires prior consent from its creator.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 11, 2021

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. Peters starts out very formalist—you didn’t separately deliver the copies that you delivered to the gov’t, so no protection. Federal preemption.]

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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. Moral rights have a greater amount of human sentiments appended to the work, and thus, these privileges may not be appropriate for implementation by the AI.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

The IPKat

JANUARY 25, 2022

As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction. Using a part of the photo of the Larivière painting on a book cover is certainly that.

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Art Artwork Copying Moral Rights 133

The IPKat

NOVEMBER 23, 2023

One of the disputed copies was exhibited in the gardens of the company Le potager des Princes, founded by Mr Bienaimé and located in Chantilly. Indeed, the absence of any specific provision in the French Intellectual Property Code concerning the limitation period for such an action means that the ordinary law (i.e.,

Copyright Infringement 118

Copyright Infringement Copyright Moral Rights Intellectual Property 118

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. When copyright is involved, both economic and moral rights issues are at stake. 2022, 618ff.

Copyright 102

Copyright Public Domain Art Moral Rights 102

IP and Legal Filings

SEPTEMBER 21, 2023

Royalties can be defined as a sort of variable consideration for the utilisation of work, for a public performance or selling of a copy. Section 18(1), 3 rd proviso states that the right to receive royalties cannot be waived or assigned or licensed except to legal heirs or copyright society for distribution and collection.

Copyright 71

Copyright Moral Rights Cinema Music 71

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

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 136

Derivative Work Editing Copyright Music 136

IP and Legal Filings

JUNE 27, 2022

In order to protect the same the laws should in tandem with the pace of technology. In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Since there is no defined law, injunction cannot be explicitly awarded and enforced by the courts.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

DECEMBER 22, 2021

The IPKat has received the following comment from Katfriend Jørgen Blomqvist (Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen) on the recent announcement relating to the accession of Cambodia to the Berne Convention.

Copyright 132

Copyright Moral Rights Copying Publishing 132

TorrentFreak

AUGUST 26, 2022

“To strip CMI metadata ‘knowingly,’ or to distribute such works knowing CMI has been stripped, is potentially criminal under the law,” Schneider wrote. Copies of his images also appeared on other websites, again without the metadata. Copyright Lawsuit, Violations of DMCA. ” Implications Moving Forward.

Moral Rights 130

Moral Rights Copyright Public Domain Copyright Infringement 130

IIPRD

NOVEMBER 1, 2023

Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

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). This prompted intensive work on the text of the draft law. See also here for the previous law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. Relatively separate in case law until now.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Laws concerning reproduction for personal use do not apply to musical works.

Music 77

Music Copyright Copyright Infringement Moral Rights 77

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

The IPKat

NOVEMBER 29, 2021

Economics approach to patent law is then discussed in Chapter 27, by Bruno van Pottelsberghe de la Potterie. 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. Lateef Mtima and Steven D.

Intellectual Property 72

Intellectual Property IP Moral Rights Law 72

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. President Ford couldn’t prevent others from copying bare historical facts. Natural or moral right to own fruit of labors. Looked at leg history and cases cited by Feist.

Copyright 59

Copyright Moral Rights Artwork Art 59

LexBlog IP

DECEMBER 19, 2022

Also in light of such technical considerations, the decision by the Barcelona Court reveals itself as one of the most interesting among those first judgements – on a global stage – that, although still raw, are the first bricks in a wall of rules and case law that is being slowly built.

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As such, it was permissible under United States copyright law. copyright law. Indeed, it has been called “the most troublesome in the whole law of copyright.”

Fair Use 136

Fair Use Copyright Moral Rights Copyright Law 136

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. For a more specific discussion, see Prof.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IIPRD

JANUARY 29, 2023

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. The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act.

IP 52

IP Artwork Contracts Intellectual Property 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. LAW AND ECONOMICS. xix] One law firm quotes a $3,500 to $5,000 retainer fee, and then average hourly billing rate of $250 to $600 per hour. [xx] Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

DECEMBER 18, 2022

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 101

Moral Rights Publishing Licensing Copyright 101

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

SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. The argument regarding allowing copying of data without permission for non-expressive uses such as for teaching self-driving cars how cycles look like from images could be found as not amounting to infringement.

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IP Licensing Fair Use Moral Rights 129

LexBlog IP

MARCH 14, 2024

On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”). [1] VARA VARA was enacted in 1990 as an amendment to the U.S.

Art 52

Art Artwork Law Moral Rights 52

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