LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94

Artwork Moral Rights Art Litigation 94

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.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

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.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

The IPKat

JANUARY 23, 2024

. • Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. 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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

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

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

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). Overview of the Egyptian Copyright Law.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

The IPKat

NOVEMBER 1, 2022

And, as Aviv Gaon points out in The Future of Copyright in the Age of Artificial Intelligence : AI-authored writing may look like any other human text, but it has no ‘soul’. AI systems do not ‘understand’ Therefore, we should consider carefully if AI creations should be worthy of copyright protection? Arguably not.

Copyright 98

Copyright Moral Rights IP Privacy 98

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

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’. The Croatian legislator’s response to this criticism was quite underwhelming.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

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.

Copying 337

Copying Moral Rights Copyright Registration 337

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

43(B)log

AUGUST 11, 2021

McFarlin, A Copyright Ignored? Taking him at his word: Did Twain infringe her common-law copyright? Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. Shani Shisha, Copyright Pragmatism Formalities provoked a strong pragmatic reaction from courts. Would that still exist today?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Image Sources : Gettyimages] One of the important issues in online is copyrights. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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

IP 129

IP Licensing Fair Use Moral Rights 129

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

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

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 60

Copyright Law Copyright Law Music 60

The IPKat

NOVEMBER 14, 2021

Copyright A Kat walking and enjoying its freedom. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.

Blogging 113

Blogging IP Moral Rights Artwork 113

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? The Copyright Act, 1957- Just like the creators of any art, the creators of these digital assets are protected under the Copyright Act of 1957.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 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 106

Derivative Work Copyright Law Copyright Law 106

Kluwer Copyright Blog

OCTOBER 17, 2022

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). Introduction.

Contracts 52

Contracts Law Copyright Moral Rights 52

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections. Not all Canadian galleries oppose ARRs. Inuit Art Foundation’s website.

Art 105

Art Moral Rights Artwork Editing 105

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

Music 59

Music Licensing Copyright Moral Rights 59

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

Kluwer Copyright Blog

OCTOBER 19, 2022

It discusses the concept of overriding mandatory provisions and its potential application to relevant rules of (copyright) contract law, as well as t he specific private international law regimes foreseen by the Rome I Regulation for employment and consumer contracts. Overriding mandatory provisions.

Contracts 52

Contracts Law Copyright Intellectual Property 52

The IPKat

JANUARY 25, 2022

The copyright lawyer might well respond with a glazed look. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction. The marketing value of the reproduction on the book cover is accomplished by providing a different form of the portrait. But of course.

Art 134

Art Artwork Copying Moral Rights 134

The IPKat

DECEMBER 26, 2022

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. Then the Court examined the existence of acts infringing the plaintiffs' copyright.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

LexBlog IP

DECEMBER 19, 2022

If it is undisputed that the owner of the material support of the work gains no economic rights on the work itself – unless provided otherwise –, it is not as crystal-clear whether the digitalization of physical works is a safe adaptation of it.

Copyright 52

Copyright Due Diligence Moral Rights Social Media 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. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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. Trade Secret: In the Light of Indian Pharmaceutical Industry.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works.

Copyright 52

Copyright Art Moral Rights Law 52