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.

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Music Moral Rights Copyright Infringement Television 52

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.

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Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

SEPTEMBER 21, 2023

Introduction Copyright, much like other IPs, have aimed at not only protecting someone’s right, but also enabling them to garner maximum commercial exploitation from such an exclusive right over their unique creations. Royalties are shared equally with the author(s) and assignee of copyright, eg.

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Copyright Moral Rights Cinema Music 69

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Licensing Derivative Work Intellectual Property Moral Rights 52

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. Next to licensing, lending or selling those estates, making their fate part of a will is also a viable option for many.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Moral Rights Government Public Domain 62

The IPKat

SEPTEMBER 26, 2023

A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [ IPKat here , here or here ]. This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. Relying explicitly on article L.

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Moral Rights Music Cease and Desist Contracts 73

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

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Moral Rights Copyright Infringement Related Rights Government 113

Velocity of Content

APRIL 30, 2024

What is it about the technology involved in LLMs that creates a copyright concern? Shumaker: How does CCC’s business model relate to the copyright questions about AI? What role might CCC play in licensing for AI applications? We offer various licensing models. Our licenses evolve as technology evolves.

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Licensing Social Media Copyright Publishing 52

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Licensing Derivative Work Intellectual Property Moral Rights 40

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Taking him at his word: Did Twain infringe her common-law copyright? Shani Shisha, Copyright Pragmatism Formalities provoked a strong pragmatic reaction from courts. A lot of them involve courts thinking about statutory copyrights. Told story “repeated word for word as I heard it.”

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Ownership Moral Rights Copyright Publishing 45

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.

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Copyright Music Moral Rights Ownership 52

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.

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Music Copyright Copyright Infringement Moral Rights 74

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.

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Registration Copyright Moral Rights Copyright Infringement 52

Plagiarism Today

JANUARY 18, 2022

Owning a copy of the book, regardless of how expensive, does not grant them the copyrights in it. The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that.

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Copying Moral Rights Copyright Registration 337

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.

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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.

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Ownership Moral Rights Public Domain Intellectual Property 59

TorrentFreak

AUGUST 26, 2022

This metadata can be useful to copyright holders, from conveying something as simple as their name and website address to management and monitoring functions. The DMCA recognizes metadata (and other related marks) as Copyright Management Information (CMI) when “conveyed in connection with” a creative work. Code § 1202(a) and (b).

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Moral Rights Copyright Public Domain Copyright Infringement 129

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.

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Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

NOVEMBER 30, 2021

If an image is attached to an NFT, does that mean I own the copyright for that image? Where an NFT buyer has purchased an image, they do not necessarily receive the copyright associated with that image. Similarly, if you purchase a painting, you do not assume the copyright over that painting once you have purchased it.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

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-.

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Intellectual Property Moral Rights Designs Design 52

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). This article was originally published in The Scholarly Kitchen.

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Litigation Fair Use Copying Derivative Work 98

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. When there is no moral right varnishing on the text, can we speak of an "authentic" work of literature, which is exempt from any later alteration? International license.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

IP Tech Blog

MAY 19, 2023

Intellectual Property Rights : The commercial deal between the parties may dictate that certain intellectual property rights (commonly copyright) in the end-product created by the influencer relating to a campaign are owned by the brand. A brand should also obtain waiver of moral rights from the influencer.

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Marketing Marketing Branding Brands 57

LexBlog IP

MAY 19, 2023

Intellectual Property Rights : The commercial deal between the parties may dictate that certain intellectual property rights (commonly copyright) in the end-product created by the influencer relating to a campaign are owned by the brand. A brand should also obtain waiver of moral rights from the influencer.

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Marketing Marketing Contracts Branding 52

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.

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Personality Rights IP Licensing Copyright 59

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.

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Intellectual Property Moral Rights Registration Editing 67

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

MAY 22, 2023

This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. This has become a lingering question in the minds of consumers of online content.

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Music Intellectual Property Copyright Technology 82

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Emphasis added.) It defines the extent of protection.

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Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

OCTOBER 11, 2022

Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

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Personality Rights Artistic Work Trademark Copyright 52

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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Related Rights Law Copyright Moral Rights 145

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. 4] Andrew L.

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IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 18, 2022

Yet the Croatian legislator caters to the printed press thrice in its ‘new and better version’ of the Croatian Copyright Act (CCA). Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

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Moral Rights Publishing Licensing Copyright 102

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Fair use and first sale: in tension?

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Fair Use Derivative Work Copying Marketing 59

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. The second factor – nature of the copyrighted work (i.e.

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IP Licensing Fair Use Moral Rights 129

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.

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Ownership Copyright Fair Use Intellectual Property 52