SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 52(1)(t) and ‘moral rights’ of the author in such work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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

IPilogue

NOVEMBER 30, 2022

Yet the Keynote Address and Keynote Commentary at the Conference told a copyright story that has never been told. After explaining the jarring experience, Dean Zemer posited that “Copyrighted expressions within the ghettos and concentration camps have no parallel example in human history.

Art 106

Art Copyright Moral Rights Fair Use 106

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

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

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

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59