Technology & Marketing Law Blog

DECEMBER 27, 2021

Chloe asserted copyright claims against the management group for posting her recipes to its website. Normally I’m Team Vegan all the way, but I exit Team Chloe when I see a low-merit copyright claim like this. Whereas the latter may be entitled to copyright protection, the former plainly is not. ” Really? Imapizza v.

Copyright 140

Copyright Social Media Copying Blogging 140

IPilogue

DECEMBER 9, 2021

Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. The next component to copyright is authorship. Another key component of copyright , is originality: the work must be more than a mere copy ( CCH Canadian Ltd v. Authorship.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

TorrentFreak

MARCH 20, 2024

This technology, which partly relies on copyrighted recordings, has been controversial for a while. After the RIAA put a spotlight on Voicify, the BPI maintained the pressure in a letter to the site’s operators, urging them to stop all copyright-infringing activity. In a recommendation to the U.S.

Music 104

Music Copyright Personality Rights Technology 104

SpicyIP

JULY 17, 2023

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

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.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Intepat

DECEMBER 26, 2023

Detection of Copyright Infringement: AI systems contribute to the identification of copyright infringement by comparing the elements of a work, assisting in the proactive protection of intellectual property rights. where class-action lawsuits allege unauthorized usage without obtaining permission from copyright holders.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

The IPKat

NOVEMBER 6, 2023

This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Kluwer Copyright Blog

JUNE 14, 2023

This conceptual confusion hides the real interest at stake: the creation of a new form of pseudo-intellectual property (in this case, a pseudo-copyright) that would attribute to the Italian State the power to exclusively control the commercial use of cultural heritage images. 106), the instrumental use and reproduction (art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

The IPKat

SEPTEMBER 22, 2023

Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personality rights, among others. The book analyzed the new Copyright Act 2022 and highlighted the novel provisions therein.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion. News from India.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights. Additionally, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iv] The Copyrights Act, 1957. [v]

Intellectual Property 98

Intellectual Property Privacy Branding Brands 98

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

SpicyIP

SEPTEMBER 25, 2023

SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks The Supreme Court while dealing with passing off and acquiescence in a copyright matter, urged the members of the Bar to cooperate with trial courts which are struggling with a huge pile of pending cases.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

SEPTEMBER 19, 2022

One other thing that was noteworthy from this case was that the University sought the opinion of the Kenya Copyright Board (KECOBO) on the matter and KECOBO issued a Legal Opinion wherein it stated that the University’s actions may have violated the right to human dignity and privacy, data rights, personal rights and proprietary rights.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

APRIL 8, 2023

Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.

Privacy 77

Privacy Law Intellectual Property Music 77

SpicyIP

AUGUST 27, 2021

This is achieved by understanding the parallels between publicity right and trademark law. Further, the application of a publicity right requires checks and balances which is explained through exceptions derived from copyright law. The drawbacks in applying normative copyright defences in public photography are then explored.

Law 137

Law IP Editing Intellectual Property 137

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

MAY 3, 2023

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

The IPKat

OCTOBER 7, 2021

The legal framework Looking at moral rights and copyright protection on an international level, Article 6bis of the Berne Convention warrants the protection of moral rights after death, at least until the expiry date of the granted economic rights, which is a minimum of life plus 50 years. But would that be enough?

Moral Rights 134

Moral Rights Art Music Copyright 134

The IPKat

DECEMBER 17, 2021

The first 2 posts covered copyright and trade marks. From the working draft, the upcoming statute recognises the shortcomings of the current statute and will present a copyright statute that is fit for the digital age. The mandatory annual recordal of all trade marks and copyrights for goods imported in Kenya is shaping up.

IP 92

IP Patent Intellectual Property Inventor 92

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it. However, this may not be necessary in certain cases where copyright limitations apply.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Canadian Intellectual Property Blog

JUNE 10, 2020

The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act. Piyush Subhashbhai Ranipa v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. She highlights that the Court refused to afford post mortem protection to personality rights of the actor. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

IP and Legal Filings

FEBRUARY 23, 2023

They provide the creator a sole, time-limited right to make use of their invention. Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. IP can be acquired, inherited, traded, or purchased.

Intellectual Property 85

Intellectual Property Confidentiality Litigation IP 85

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 19, 2023

A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Even a year after receiving the GI tag, Telangana farmers wait for the red gram board.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59