The IPKat

FEBRUARY 20, 2023

While Sanremo is over for this year, this Kat is still musing on possible IP issues during the most appreciated Italian music show. The work, from the moment when it was created as a piece of street art in Genoa, became potentially protectable under Italian copyright law, which includes both commercial and moral rights.

Art 98

Art Music Artwork Social Media 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). 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.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

IPilogue

MARCH 29, 2023

It begins by distinguishing whether the ‘work’ is one of human authorship, with the AI tool merely being an assisting instrument, or whether the protectable elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were conceived and executed not by man but by a machine.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

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 and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. Music compositions are also given their unique copyright protection. In the case of Ilayaraja v.

Copyright 52

Copyright Music Moral Rights Ownership 52

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

APRIL 20, 2023

Firstly, Originality, Section13 of the said act, to claim ownership over work (literally, musical, dramatic) created by AI, originality in work is an essential component, that can be detected by originality tests. Also, Moral rights of the creator is given in under Section 57 of the said act, are not relevant to the Artificial Intelligence.

Ownership 63

Ownership Moral Rights Public Domain Intellectual Property 63

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

IPilogue

MARCH 29, 2023

It begins by distinguishing whether the ‘work’ is one of human authorship, with the AI tool merely being an assisting instrument, or whether the protectable elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were conceived and executed not by man but by a machine.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

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? Old Laws Protect New Trends.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

MAY 22, 2023

This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. This has become a lingering question in the minds of consumers of online content.

Music 82

Music Intellectual Property Copyright Technology 82

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. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 85

Cinema Copyright Blogging Registration 85

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. see also The Drama in the Definition of ‘Dramatic Works’ ).

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

FEBRUARY 12, 2024

Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. Unfortunately, in cases like Musical Copyright Society of Nigeria Limited (MCSN) v. copyright law.

Copyright 62

Copyright Moral Rights Government Public Domain 62

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Cites Henry George.

Copyright 59

Copyright Moral Rights Artwork Art 59

IP and Legal Filings

OCTOBER 11, 2022

When it comes to dealing with Personality Rights it is very important to determine who will and who will not be covered under this regime, as previously stated the benefit of the particular rights can only be granted in the case of an Actual influential personality. Original literary, dramatic, musical, and artistic works; 2.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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). It also once again confirms the strong protection of moral rights in Ukrainian copyright law.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

IP and Legal Filings

NOVEMBER 10, 2022

The statute of limitations for copyright infringement in Singapore is six years. Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Copyright protection takes effect as soon as this expression takes place.

Copyright 79

Copyright Intellectual Property Registration Copyright Infringement 79

SpicyIP

MAY 1, 2023

AI might fall afoul of the fourth factor as well – effect of the use upon the potential market for the copyrighted work, as the output might act as a market substitute and also, the fact that non-compensation of copyright owners for training might destroy copyright owners’ licensing markets.

IP 129

IP Licensing Fair Use Moral Rights 129

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

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law.

Moral Rights 52

Moral Rights Law Copyright Copyright 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. Indian Performing Right Society Ltd. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. Rajasthan Patrika Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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