The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

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

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). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

LexBlog IP

OCTOBER 10, 2023

What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. But the artist can waive these rights in writing.

Social Media 52

Social Media Art Fair Use Moral Rights 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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

SpicyIP

FEBRUARY 27, 2024

For instance, see Thomas Vallianeth’s post pondering upon Copyright Aspects in Open World Gaming and arguing that “open world gaming contains elements that need to be granted distinct protection as opposed to the generic protection as computer programs.” Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. 14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. Some have argued in favour of fair use, at least in the US context.

IP 129

IP Licensing Fair Use Moral Rights 129

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

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Copyright holders/fair users? Infringement/infringers?

Art 45

Art Copyright Settlement Moral Rights 45