Kluwer Copyright Blog

APRIL 22, 2024

With respect to the moral right of public “disclosure”, the Court concludes that such right has not been infringed by Mango, since the Paintings were publicly disclosed decades ago with the Authors’ consent. Therefore, the moral right of “disclosure” had already been exhausted.

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

NOVEMBER 30, 2021

Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. What about copyright infringement?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

Kashishipr

AUGUST 31, 2022

Or is it the copyright symbol with the small ‘C’ inside you think about instantly? Or perhaps downloading a pirated movie is Copyright Infringement ? Most people know of copyright; however, they don’t know much about the term.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP Whiteboard

AUGUST 30, 2020

This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo? Does copyright exist in tattoos? What about moral rights? Is it copyright infringement to copy a work and use it as a tattoo? . What about moral rights? 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Also, Moral rights of the creator is given in under Section 57 of the said act, are not relevant to the Artificial Intelligence.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

The IPKat

JULY 21, 2023

Intellectual Property The EC’s comments on each of the IP rights in virtual worlds are primarily found in the Staff Working Document. The communication further states that “it is not clear whether minting or storing NFTs on the blockchain is an exploitation of a copyrighted work.

Moral Rights 52

Moral Rights Copyright Infringement Designs Design 52

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 113

Blogging IP Moral Rights Artwork 113

The IPKat

DECEMBER 26, 2022

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. On 18 March 2019, a counterfeit seizure was carried out.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

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. CONCLUSION.

Music 79

Music Copyright Copyright Infringement Moral Rights 79

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” ” CMI Claims Against YouTube. While YouTube denies them all, at some point the CMI matter will need to be addressed.

Moral Rights 133

Moral Rights Copyright Public Domain Copyright Infringement 133

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

The IPKat

JULY 9, 2023

Chapter 3 is entitled "Copyright within the street art and graffiti circles". This chapter examines whether street artists and writers are interested in copyright. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The same is for moral rights.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

However, the registration of copyright is not mandatory, but it is advisable to get your works protected as this would grant rights to the author or to the real owner of the copyright namely rights of reproduction, licensing right, moral rights, and economic rights.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

IPilogue

FEBRUARY 25, 2022

Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows. Twitch Popularity.

Music 102

Music Moral Rights Copyright IP 102

The IPKat

JANUARY 17, 2024

As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

MAY 9, 2023

The architect filed a lawsuit against the mosque’s owner, claiming the infringement of his moral rights under §§ 14 and 39 of the German Copyright Act. Under § 14, the author has the right to prohibit the distortion or any other derogatory treatment of their work (i.e.,

Copyright 52

Copyright Moral Rights Contracts Art 52

IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 82

Cinema Copyright Blogging Registration 82

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 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. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

Velocity of Content

MARCH 16, 2023

If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. I speculated that this was an attempt to avoid a messy fair use dispute. This will be hard to defend. Will a lawsuit in an EU jurisdiction be next? What does this mean for the future of AI?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Kante alleges both 1) copyright infringement and 2) breach of an oral agreement. billion plays on Spotify).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. Another significant legal issue is the matter of contributor agreements. These agreements define the terms under which contributions are made to the project, safeguarding against future legal complications.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

The IPKat

FEBRUARY 20, 2024

Marcel Pemsel examined the decision of the Higher Regional Court of Cologne on whether the provider of domain name system (DNS) resolver and content delivery network (CDN) services can be liable for copyright infringement if it provides its services to the operators of websites with illegal content (in this case, music).

Moral Rights 67

Moral Rights Intellectual Property Editing Inventor 67

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Instead of arguing against the allegations of prima facie copyright infringement made by the Times, OpenAI is simply arguing that any such infringements are justified under the doctrine of fair use. Copyright Office in its 2017 report on moral rights.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

LexBlog IP

SEPTEMBER 28, 2023

Failing to comply with the terms of either license could result in legal repercussions, including copyright infringement claims. Another significant legal issue is the matter of contributor agreements. These agreements define the terms under which contributions are made to the project, safeguarding against future legal complications.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP and Legal Filings

OCTOBER 11, 2022

The performer is abetted with the right to claim damages in case his performance is distorted, mutilated, or modified in a manner prejudicial to his reputation. Performers right provided under the Copyright Act encompasses special rights, exclusive rights, and moral rights.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

MAY 1, 2023

The fact that we have in the past not dealt with issues of such complexity, i.e. the licensing of large volumes of data from different people who have not organised themselves as an organisation or society, does not mean that copyright infringement should go unchecked.

IP 129

IP Licensing Fair Use Moral Rights 129

IP and Legal Filings

NOVEMBER 10, 2022

Any business owner based in Singapore therefore ought to understand key concepts regarding copyright registration in Singapore, copyright protection in Singapore, as well as which items can be protected by copyright. The statute of limitations for copyright infringement in Singapore is six years.

Copyright 75

Copyright Intellectual Property Registration Copyright Infringement 75

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

SpicyIP

JULY 11, 2021

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights. The plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. Trade Secret: In the Light of Indian Pharmaceutical Industry.

Moral Rights 105

Moral Rights Journalism Licensing IP 105