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 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

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

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

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

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

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

FEBRUARY 7, 2022

Copyright and Artificial Intelligence (AI) or, more specifically, Machine Learning (ML) has become a hotly debated topic. The UK government has just finished another round of consultations, this time focusing on AI and copyright, and with a specific goal to initiate legislative reform soon. The missing bit: moral rights.

Moral Rights 107

Moral Rights Copyright Intellectual Property Law IP 107

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

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 107

Derivative Work Copyright Law Copyright Law 107

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

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

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

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

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

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

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

Intepat

OCTOBER 7, 2022

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

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Garrigues Blog

JUNE 29, 2023

The WIPO document The Protection of Traditional Cultural Expressions: Updated Draft Gap Analysis explains existing deficiencies in relation to intellectual and industrial property and, particularly, in relation to copyright, to be able to take effective action against the appropriation of cultural expressions.

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

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

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. 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

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. effect on the market.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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

The IPKat

NOVEMBER 29, 2021

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. Ncube focuses on methodologies applied in copyright and patent law scholarship. In Chapter 44, Caroline B.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

SpicyIP

JULY 23, 2023

on 17 July, 2023 (Commercial Court Bengaluru) Image from here The suit was filed by the plaintiff seeking directions from the court to take down the trailer of the cinematograph film “Hostel Hudgaru Bekagiddare” alleging violation of her personality and moral rights.

Trademark 98

Trademark IP Higher Education Moral Rights 98

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 75

Non-Fungible Tokens Copyright Intellectual Property Ownership 75

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

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

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