Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work.

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Copyright Infringement Music Moral Rights Copyright 40

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.

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Copyright Moral Rights Fair Use Related Rights 82

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

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

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

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.

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IP Licensing Fair Use Moral Rights 129

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

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Read Yogesh’s detailed post examining the issues concerning copyrightability, permanent fixation, and the mural’s setting. Other Posts Is the Writing on the Wall?

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Trademark Fair Use Moral Rights Art 103

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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Derivative Work Copyright Law Copyright Law 107

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. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 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. So What Rights Are Granted To Artists By The Visual Artists Rights Act?

Social Media 52

Social Media Art Fair Use Moral Rights 52

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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.

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Intellectual Property Moral Rights Privacy Copyright Infringement 78

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

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

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.

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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

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.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

AUGUST 31, 2022

Jacobs on the copyright side. Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. constitutional system.

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Fair Use Trademark Moral Rights Law 52

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. copyright: (1) Food/chemicals (physicality, unlike ©; easy to establish stringent rules b/c it’s allowed v. 3) competition and (4) digital economy—copyright is potentially an aspect of both of those; DSA also relevant. Copyright holders/fair users?

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Art Copyright Settlement Moral Rights 45