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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

There, it was presented as an original Koons artwork of which three copies exist. Of all the grounds of appeal to the Supreme Court, the most intriguing one is that concerning the application of relevant provisions in the Italian Copyright Act concerning moral rights.

Artwork 94
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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 120
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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

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 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
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Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

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.

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An IP-Centric Approach towards AI Regulation in India- Part II

SpicyIP

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

IP 129
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[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

In case of works, part 1 of Article 29 permits the limitation of economic rights to reproduction for the purpose of digitisation, indexing, cataloguing, preservation or restoration of a copy. In case of the related rights subject matter, the lawmaker did not explicitly indicate the limitations of economic rights.

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

SpicyIP

In my view, the present judgement is an embodiment of inspiring judicial penmanship and gravitas. In this post, I have discussed the present judgment in the backdrop of previous developments and its potential impact on authors in the future. The Court’s present ruling seems to be an extension of the system in present times.

Music 59