BYU Copyright Blog
JANUARY 23, 2023
According to Mason's Complaint, these changes violated her rights under the Visual Artist Rights Act ("VARA"), a legal provision that incorporates artists' moral rights to preserve the integrity of their creations into United States copyright law, although in a limited manner.
Kluwer Copyright Blog
NOVEMBER 17, 2021
This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Definition of a work (Sections 2-5 UrhG). Moral rights (Sections 12-14 UrhG).
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The IPKat
MAY 18, 2024
Authorship can be proven by any means, with preference given to those conferring a definite date of creation. In the end, in the absence of any valid authorisation for use, the court was able to hold that the reproduction of the image from the short film ‘Rêve d'enfants’ constituted an infringement of Mr T's economic rights.
The IPKat
JANUARY 24, 2023
The law introduced a definition of a work. The current law with its definition of a work makes the requirement of the objective form explicit. The lawmakers went even further and introduced its definition. There are three conclusions we can draw from this definition. No moral rights apply to CGOs.
The IPKat
MARCH 24, 2023
This aligns with (but is not similar to) the definition of "audiovisual fixation" and 'audiovisual work' in Article 2 of the Beijing Treaty a nd proposed section 1(1) of South Africa's Copyright Amendment Bill , respectively. See the definition of “beneficiary person” in section 26(7)(d).
IP Whiteboard
AUGUST 30, 2020
What about moral rights? While the definition of “artistic work” does not expressly include tattoos, and there are no Australian cases on the point, there doesn’t seem to be a reason that a tattoo couldn’t receive copyright protection as a drawing, painting or potentially a work of ‘artistic craftsmanship’.
JIPEL Copyright Blog
NOVEMBER 30, 2021
As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.
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