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.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

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. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 137

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.

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Copyright Law Copyright Law Music 60

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Copyright law protects and should continue to protect communicative and dialogical spaces.

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Art Copyright Moral Rights Fair Use 106

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Hence, the plaintiff filed a copyright infringement lawsuit against them. The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

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Copyright Infringement Music Moral Rights Copyright 52

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. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

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Copyright Intellectual Property Ownership Technology 83

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Hence, the plaintiff filed a copyright infringement lawsuit against them. The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

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.

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Related Rights Law Copyright Moral Rights 145

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. The concept of copyright is twofold since it covers both economic and moral rights.

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Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

JUNE 18, 2021

It was a historic milestone in the area of rights related to copyright. Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

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Related Rights Moral Rights Contracts Intellectual Property 97

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. Hence, ownership is not granted to the AI.

Ownership 59

Ownership Moral Rights Public Domain Intellectual Property 59

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.

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The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

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Copyright Moral Rights Intellectual Property Intellectual Property Law 94

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. Food plating is the technique of enhancing the presentation of food by arranging and decorating it to add value.

Art 52

Art Copyright Artistic Work Moral Rights 52

The IPKat

NOVEMBER 1, 2022

And, if so, to what extent and what does this mean for the concept of authorship in copyright? Gaon (Harry Radzyner Law School, Reichman University, Israel) considers these and other questions. The book is presented in three parts. the programmer, the user, or the AI itself).

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Copyright Moral Rights IP Privacy 98

The IPKat

FEBRUARY 20, 2023

In other words, while in some instances activities resulting in street art can fall within the scope of Articles 639 and 635 of the Italian Criminal Code (respectively, in relation to littering or damaging someone else’s property), the street art in itself can be protected under copyright law.

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SpicyIP

MAY 1, 2023

This would encourage the development of AI, in a manner that is respectful of copyright law and the human creators whose work is being used as part of training datasets. Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context?

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The IPKat

SEPTEMBER 30, 2022

Rosaria Romano underlined how ‘copyright’ has become over the years a tool for providing a legal framework to works that are all but homogeneous but that still present common characteristics. 8 of WIPO Copyright Treaty , stating that providing 'physical facilities' did not amount to communication to the public.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.”

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IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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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Intellectual Property IP Moral Rights Law 73

43(B)log

AUGUST 11, 2022

Rothman: we have speakers using someone else’s TM, and speakers using their own, which seem like they’re more similar than you’re presenting. What does validation of TM rights mean in this situation? In most cases, the spouse doesn’t contribute copyrightable creativity. A: her concern is divorce law, though comparison is worthy.

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Ownership Moral Rights Copyright Branding 80

Kluwer Copyright Blog

NOVEMBER 24, 2022

More frequently, the commentary addresses copyright or intellectual property protected commodities created for the child – rather than by the child – for the purpose of entertainment, learning or as practical everyday objects ( J Bellido & K Bowrey, 2022 ). The work by the child: acknowledgements and safeguards.

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

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.

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Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

FEBRUARY 20, 2024

The illegal distribution and sale of t-shirts, magnets, keychains, mugs, stickers, and masks featuring a celebrity’s picture, face, or other connected qualities should not, she emphasised, totally strip these rights of their protection. In order to do this, the law is changing to stop the unrestricted use of the right.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

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.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] 277 (2020). [iv] iv] Maxwell L.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action.

Copyright 52

Copyright Art Moral Rights 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. The Court adopted the doctrine of merger and held that the alleged commonality between the rival applications in the present case cannot be regarded as an infringement.

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IP Copyright Trademark Intellectual Property 124