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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The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

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Blogging IP Moral Rights Copyright Law 67

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 ].

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Moral Rights Cease and Desist Copyright Infringement Copyright 86

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.

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Moral Rights Publishing Copyright Music 93

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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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. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

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Ownership Moral Rights Public Domain Intellectual Property 61

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Those artists are attached to their creations and to the right of attribution.

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Art Copyright Moral Rights Cease and Desist 57

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. This apparent favoritism towards producers is now being questioned. 106A [3] Marley C.

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Copyright Music Moral Rights Ownership 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Copyright Law. The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance.

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Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Copyright Law. The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance.

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Moral Rights Copyright Law Blogging Copyright 52

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. The copyright lawyer might well respond with a glazed look. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction. But it also includes the reproduction of a portrait of a young woman.

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LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. As many readers know, U.S. VARA is part of U.S.

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Social Media Art Fair Use Moral Rights 52

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

DECEMBER 6, 2022

Right to communicate the work to the public. In addition to the above, Section 57 of the Act stipulates “author’s moral rights,” grants the owner of a copyright the power to exercise moral authority over the work. Copyright issue on music back sound usage by Indonesian YouTuber.

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Music Copyright Copyright Infringement Moral Rights 79

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.

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Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

FEBRUARY 28, 2024

In 2013, after a decade of litigation, accompanied by a counterpoint of shifts in the book publishing industry driven by rapid technological change, Judge Chin ultimately found that Google’s scanning of the books amounted to fair use of those works. As such, it was permissible under United States copyright law. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 137

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 56

The IPKat

NOVEMBER 29, 2021

published recently in open access (review of Parts I and II, here ). After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed.

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Intellectual Property IP Moral Rights Art 73

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. 277 (2020). [iv] iv] Maxwell L.

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Copyright Infringement Copyright Intellectual Property Blogging 98

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). Copyright is not extended to them but the new law envisages sui generis regimes for them.

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Related Rights Law Copyright Moral Rights 145

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. The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne. Rameshwari Photocopy Services & Anr. ,

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Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

NOVEMBER 10, 2022

Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

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Copyright Intellectual Property Registration Copyright Infringement 75

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

The IPKat

NOVEMBER 1, 2022

Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. This book is essential reading for those engaging with the debate around the development of the new copyright text and data mining exception in the UK.

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Copyright Moral Rights IP Privacy 98

The IPKat

SEPTEMBER 30, 2022

8 of WIPO Copyright Treaty , stating that providing 'physical facilities' did not amount to communication to the public. In particular stated that new Art.

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Reporting Copyright Intellectual Property Moral Rights 91

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

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Overview of the Egyptian Copyright Law. 147 ECL) and moral rights (art. by Tito Rendas. €

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Copyright Moral Rights Copyright Infringement Marketing 103

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.

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Copyright Art Moral Rights Law 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). This first part covers the definition of a work, authorship and moral rights. Definition of a work (Sections 2-5 UrhG).

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Moral Rights Law Copyright Copyright Law 52

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

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. HarperCollins Publishers India Pvt. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. RDB and Co.

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