The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.

Copyright 82

Copyright Moral Rights Fair Use Related Rights 82

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. Fair Use Precedent? As such, it was permissible under United States copyright law.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

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

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

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

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Mark Twain, Mary Ann Cord, and the Meaning of Authorship Twain used the story of formerly enslaved cook Mary Ann Cord, changing her name to Aunt Rachel. Taking him at his word: Did Twain infringe her common-law copyright? Did Twain make fair use? Would that still exist today?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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

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

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. Laws can also vary by jurisdiction. VARA is part of U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

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. The course consists of 10 sessions via Zoom.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. 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

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

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. Bombay High Court in Aman Chhabra and Ors v.

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

LexBlog IP

AUGUST 31, 2022

Needing A Good Laugh : Humor’s Place In Law & Society. Sullivan: No Joking Matter-50 Years Of Protecting Humor, Satire And Jokers ,” 12 First Amendment Law Review 497 (2014) (quoting Gerald C. Jacobs on the copyright side. Mo[ø]re on that case later (pun perhaps intended). constitutional system.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

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