Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Copyright involves the exclusive right to reproduce and distribute the original work.

Music 52

Music Moral Rights Copyright Infringement Television 52

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. LAW AND ECONOMICS.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 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

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 ]. Then the Court examined the existence of acts infringing the plaintiffs' copyright.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

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

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 ].

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

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

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.

Music 78

Music Copyright Copyright Infringement Moral Rights 78

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

Copyright has been referred to as the creation of a statute under the private property of law that has its subsistence in the various types of works. The law governing the regime of copyright in India is the Copyright Act of 1957. Procedure to be followed for copyright registration.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. If an image is attached to an NFT, does that mean I own the copyright for that image?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

MAY 9, 2023

In a recent decision, the Cologne Regional Court (LG Köln) found that adding a glass canopy to a mosque infringed the architect’s copyright and must be removed ( 14 O 12/22 ). Statutory copyright protection remains unaffected. […] § 13. 2) The client has the right to use the plan for the construction described in § 1.

Copyright 52

Copyright Moral Rights Contracts Art 52

TorrentFreak

AUGUST 26, 2022

This metadata can be useful to copyright holders, from conveying something as simple as their name and website address to management and monitoring functions. The DMCA recognizes metadata (and other related marks) as Copyright Management Information (CMI) when “conveyed in connection with” a creative work. Code § 1202(a) and (b).

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

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. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

The IPKat

NOVEMBER 14, 2021

Copyright A Kat walking and enjoying its freedom. 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.

Blogging 113

Blogging IP Moral Rights Artwork 113

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. regarding the copyright for the film “De Dhakka.”

Cinema 81

Cinema Copyright Blogging Registration 81

The IPKat

FEBRUARY 21, 2022

Contextualized in a sectorial approach - including areas such as health, fashion, environmental, artificial intelligence, automotive, and food industry - expert panels will consider the challenges and developments in IP case law and legislation that lie ahead. Time is flying and we need to pause and analyse what has happened so far this year.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

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. More information and submission guidelines can be found here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

IPilogue

FEBRUARY 25, 2022

Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. Photo by Roberto Nickson ( Pexels ). Twitch Popularity. DMCA and Twitch.

Music 102

Music Moral Rights Copyright IP 102

Velocity of Content

MARCH 16, 2023

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). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

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. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. however.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IP and Legal Filings

OCTOBER 11, 2022

Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

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

SpicyIP

JULY 23, 2023

Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. US Court of Appeals for the Ninth Circuit finds that Instagram is not liable for copyright infringement when images are embedded on third party websites.

Trademark 98

Trademark IP Higher Education Moral Rights 98

IP and Legal Filings

NOVEMBER 10, 2022

One of the most important forms of intellectual property is copyright. A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Under Singapore’s Copyright Act , it is a criminal offense for a person or company to conduct wilful copyright infringement.

Copyright 74

Copyright Intellectual Property Registration Copyright Infringement 74

The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. There are also interesting questions about whether the deeming of copyright as "moveable property" is constitutional at all.

Moral Rights 67

Moral Rights Intellectual Property Editing Inventor 67

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 78

Non-Fungible Tokens Copyright Intellectual Property Ownership 78

SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. The problem is how do you license all the copyrighted images/information available on the web? private or personal use).

IP 129

IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU).

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights. What about a juggler?

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

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. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

IP 124

IP Copyright Trademark Intellectual Property 124