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.

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IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying.

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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. The present decision endorses this past solution. This Kat does not necessarily perceive the present ruling as a weakening of the author's protection.

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Copyright Infringement Copyright Moral Rights Intellectual Property 120

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Do you think about the fight between musicians concerning stolen or copied song lyrics?

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Moral Rights Copyright Intellectual Property Licensing 52

SpicyIP

MAY 1, 2023

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.

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The IPKat

JANUARY 24, 2023

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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Related Rights Law Copyright Moral Rights 145

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

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JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

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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.

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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.

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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] ” [5] The latter has become known as the “public presentation” exception. .” Vermont Law School, Inc. , 4th 257 (2d Cir.

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The IPKat

MAY 25, 2022

One of the most difficult issues in determining whether a view on copyright is protected under the Equality Act is whether it meets the second Grainger criterion, in that it is a belief and not an opinion or viewpoint based on the present state of information available.

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LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

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Intellectual Property Moral Rights Related Rights Art 52

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. However, as I also discuss here , the CJEU has likely de facto recomprised such right within the broader right of reproduction. A second (revised) edition followed in 2008.

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IIPRD

NOVEMBER 1, 2023

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. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

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IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

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Ownership Copyright Fair Use Intellectual Property 52

The IPKat

AUGUST 15, 2023

This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Russell Brown and Sandy Linzer who allege that Lipa copied their composition 'Wiggle and Giggle All Night' (recorded by Cory Daye in 1979) and 'Don Diablo' (for which they own the rights).

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Copyright Infringement Music Copyright Contracts 52

The IPKat

NOVEMBER 29, 2021

Van Overwalle and Kestemont present a useful classification of different research designs (eg descriptive research an evaluative research), which is followed with an explanation of doctrinal and empirical research methods. The psychology of IP law is presented in Chapter 35, by Gregory N.

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Kluwer Copyright Blog

MARCH 13, 2023

A video recording of an English-language presentation of the study results at “ Filtered Futures ” conference is available here. Such an artifact may be a pastiche if it contains already published third-party works or if parts of works are “adopted” or borrowed, i.e. copied. An inner distance (e.g.

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Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

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LexBlog IP

AUGUST 31, 2022

It was a ruse: He was instead interviewed by Baron Cohen, who presented himself as an Israeli anti-terrorism expert and former intelligence agent. Perhaps something more than the United States’ Constitution’s First Amendment and American notions of jocularity are present here. (i) Based on those facts, Judge Moore sued.

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JIPL Online

APRIL 9, 2021

xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 511, 523 (2012). viii] See, e.g., Lee J.

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Kluwer Copyright Blog

MARCH 28, 2022

A few years later, Schifano’s wife left the Foundation to constitute the “Archivio Mario Schifano”, and the painter’s heirs successfully sued the Foundation to prevent it from using the painter’s name and from presenting itself as the only entity authorized to certify the authenticity of Schifano’s works.

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SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. HULM Entertainment v.

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