The IPKat

JANUARY 23, 2024

And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and Copyright Law, by Enrico Bonadio and Chen Zhu. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.

Moral Rights 70

Moral Rights Copyright Music Art 70

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

IIPRD

NOVEMBER 1, 2023

Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Intepat

OCTOBER 7, 2022

Intellectual property is a type of property formed by a person’s various ideas or intellect. In other words, it results from a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms.

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

Intepat

OCTOBER 7, 2022

Intellectual property is a type of property that is formed by a person’s various ideas or intellect mind; in other words, it is the result of a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Copyright gives protection to expressions only and not to ideas. Broad classification of ‘works’ which are protected by copyright are-.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

NFTs include digital assets and other intellectual property like images, video files, audio files that one could purchase and hold exclusive rights to, while cryptocurrencies are fundamentally used to purchase such exclusive tokens.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

IPilogue

MARCH 29, 2023

In March 2022, the Canadian Intellectual Property Office (“CIPO”) allowed its first artificial intelligence (AI)-authored copyright registration of a painting co-created by the AI tool, RAGHAV Painting App (“RAGHAV”), and the IP lawyer who created RAGHAV, Ankit Sahni. RAGHAV is the first non-human “author” of a copyrighted work.

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

The IPKat

NOVEMBER 23, 2023

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement.

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. In several of the shots, the work appeared prominently, behind the characters.

Moral Rights 56

Moral Rights Television Copyright Intellectual Property 56

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. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

NOVEMBER 19, 2023

Image via Pexels Katfriend Mindia Davitadze commented on the fact that Georgia recently became the 5th validating state to the European Patents Organisation by signing the Validation Agreement and promising to bolster the protection of intellectual property rights within the industrial sector.

Moral Rights 67

Moral Rights Intellectual Property Copyright Law Copyright 67

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

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.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. A systematic study on the copyright of children is yet to be attempted. A systematic study on the copyright of children is yet to be attempted. Copyright paradigms and creative practices. 1197 and C?683/17

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

The IPKat

NOVEMBER 29, 2021

This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed. After introducing readers to the three main stages of content analysis, Bar-Ziv applies this methodology to a case study: content analysis of online copyright law cases. Calboli and M. Montagnani, OUP, 912 pp.), In Chapter 44, Caroline B.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

The IPKat

MARCH 26, 2024

Katfriend Hans Eriksson shared insights into how the intellectual property strategy of high-end watchmakers had responded to the trend of customization or personalization of luxury timepieces. Trade Marks It's the time of year when fluffy creatures of a non-Kat variety get all the attention. Image from Pixabay.

Moral Rights 57

Moral Rights Intellectual Property Registration Copyright 57

Kluwer Copyright Blog

DECEMBER 5, 2022

Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications. Part 2 discusses the relevant copyright exceptions and limitations that interfere with the development of AR experiences. Copyright implications of AR in the cultural heritage sector.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

MAY 31, 2023

Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. The Court held that a musical box infringed of an author’s moral rights. A Kat waiting for the next IP case.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

IP and Legal Filings

APRIL 26, 2023

Introduction The Indian Copyright Act of 1957 protects and recognizes cinematograph films as a form of creative work. According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

Copyright 133

Copyright Moral Rights Copying Publishing 133

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

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The dilemma is whether a chef’s aesthetic plating of a dish (who is also the original creator) may be protected under intellectual property rights.

Art 52

Art Copyright Artistic Work Moral Rights 52

LexBlog IP

FEBRUARY 21, 2024

In addition, protectable works are required to be original, and originality is understood to refer to the particular features of the creation, which makes them identifiable as becoming from the intellectual activity and expression of the author. His participation is limited to the introduction of written commands, instructions, or words.

Copyright 52

Copyright Copyright Law Moral Rights Law 52

IPilogue

MARCH 29, 2023

RAGHAV is the first non-human “author” of a copyrighted work. However, Canadian courts claim that “[c]learly a human author is required to create an original work for copyright purposes” (para 88). However, Canadian courts claim that “[c]learly a human author is required to create an original work for copyright purposes” (para 88).

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. 150/- (inclusive of GST).

IP 129

IP Intellectual Property Moral Rights Blogging 129

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 ]. 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

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 79

Music Copyright Copyright Infringement Moral Rights 79

The IPKat

DECEMBER 10, 2021

A Kat contemplating the complex beauty of the universe Copyright Adele has stolen the spotlight with her new album and also with a special request to Spotify to disable its shuffle button so that listeners could listen to the album the way the artist intended. SpecialKat Tian Lu wrote a short summary of the report.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

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

Kluwer Copyright Blog

JUNE 18, 2021

It was a historic milestone in the area of rights related to copyright. In 1961, the protection of the rights related to copyright started playing an economic role, thanks to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (“Rome Convention”).

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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

IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. However, re-sale rights exist as an exception to this rule.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

IPilogue

JANUARY 20, 2022

Brankov explains that museums can ensure compliance with copyright legislation while protecting against the risk of liability resulting from third-party actions by providing an appropriate “terms of use” section on their website. Copyright subsists in Canada until 50 years after the creator’s death and in the U.S.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

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

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