The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 77

Intellectual Property Moral Rights Privacy Copyright Infringement 77

The IP Law Blog

AUGUST 5, 2021

In other words, there is no specific aspect of patent law, unlike copyright law involving the requirement for a human author or the existence of moral rights, that would drive a construction of the Act as excluding non-human inventors. But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent.

Invention 98

Invention Inventor Patent Moral Rights 98

The IPKat

FEBRUARY 20, 2023

During the first night of the Sanremo Music Festival, Ferragni wore four Dior dresses custom-made by Maria Grazia Chiuri for the event, while at the same time she wanted to share the message of freeing oneself from the roles imposed on them by society. What happened on and off the stage of Sanremo?

Art 98

Art Music Artwork Social Media 98

43(B)log

JUNE 26, 2023

Additionally, “[l]anguage in a policy purporting to exclude certain events from coverage will be construed most strongly against the insurer.” The court concluded that the ROP is an intellectual property right. A duty to defend is triggered if there’s any possibility that a judgment against the insured will be covered.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

LexBlog IP

AUGUST 5, 2021

In other words, there is no specific aspect of patent law, unlike copyright law involving the requirement for a human author or the existence of moral rights, that would drive a construction of the Act as excluding non-human inventors. But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent.

Invention 52

Invention Inventor Patent Moral Rights 52

Kluwer Copyright Blog

DECEMBER 20, 2022

For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events. Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

SpicyIP

JULY 14, 2023

The decisive events in London from 1710 to 1774 determined the course of modern Anglo-American copyright. Comparative studies of the Vedic philosophy of self and the moral right of the author, the Berne Convention, and IPRS v. The authors’ legitimate economic rights and the authenticity of their works (moral rights).

Moral Rights 93

Moral Rights Publishing Copyright Music 93

The IPKat

DECEMBER 22, 2021

Internationally, it may not be a major event, since a very high number of countries have already ratified or adhered to the Convention. This is, of course, very important for the creative communities of Cambodia. With the joining of Cambodia, the number of Member States of the Berne Union has reached 180.

Copyright 132

Copyright Moral Rights Copying Publishing 132

The IPKat

FEBRUARY 12, 2024

There would also be the need to address how moral rights would operate in the context of a compulsory acquisition. Would these be abolished, or would the government assume this right should it exercise its power under Section 44 of the Constitution? See similar argument here made about the U.S. copyright law.

Copyright 61

Copyright Moral Rights Government Public Domain 61

43(B)log

FEBRUARY 19, 2022

(c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. Rests on natural moral right to enjoy products of own exertion and no interference with anyone’s right to do likewise.

Copyright 59

Copyright Moral Rights Artwork Art 59

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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

NOVEMBER 29, 2021

Survival analysis is a branch of statistics, which models the duration of time until a given event occurs. Farley provides readers with a substantive review of different venues of research on IP and morality, including the role morality plays in exclusions to IP, or morality aspects in moral rights law.

Intellectual Property 72

Intellectual Property IP Moral Rights Law 72

SpicyIP

DECEMBER 20, 2023

Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. If you are the one wondering this, then see Karishma Karthik’s two-part post examining the moral right of integrity and its potential as a tool in protecting the authors posthumously. With this, I wrap Novembers’ sift.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 65

Moral Rights Intellectual Property Editing Inventor 65

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] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

This visual was entitled “Fait d’hiver” (which literally means a winter event and is a pun on ‘fait divers’ which means a miscellaneous news item). Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

The IPKat

JANUARY 24, 2023

We may assume that these provisions will be further supplemented in terms of the rights, namely reproduction and making available. It also once again confirms the strong protection of moral rights in Ukrainian copyright law. No moral rights apply to CGOs.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

Garrigues Blog

MAY 11, 2021

Authors and their rightholders enjoy the moral and economic rights listed below – for 70 years, from January 1 of the year following the death of the author – regardless of nationality, domicile and notwithstanding registration: Moral Rights. Right of paternity: the right to claim authorship of the work.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the event of an unexpected success of a work, the author can even become entitled to a subsequent claim for additional remuneration (Section 32a UrhG, bestseller or fairness compensation). If they issue their own offers, they are liable for such offers, in the event of infringement, as perpetrators.

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

AUGUST 15, 2023

Kante claims that there was an express agreement to pay him a fixed sum plus a share of neighbouring rights based on a split between 7 musicians, but that the Defendants "explicitly agreed that there would be no reuse or sampling of [his] Work beyond the use for the original version of the track, 'Levitating'" [47].

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

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. Moral rights (Sections 12-14 UrhG).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

SpicyIP

JULY 13, 2021

The court further acceded to the defendants claim that “the film was not a biopic, rather revolved around struggles of actors generally based on real events.” Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

IP and Legal Filings

FEBRUARY 20, 2024

In an effort to fool people and profit from the use of celebrities’ names and pictures, deepfakes portraying fictional events that never occurred have been utilised against popular personalities. This has increased in celebrities moving to court to get rights over their persona.

Personality Rights 61

Personality Rights Privacy Social Media Copyright 61

The IPKat

DECEMBER 5, 2021

Also, is there a connection between this story and a possible infringement of the author's moral rights? Is the album per se, conceived as a particular sequence of songs, a work that is the result of the author's "free and creative choices" and thus deserving of the protection of the moral right of integrity?

Moral Rights 143

Moral Rights Music Television Copyright 143

SpicyIP

DECEMBER 30, 2023

However, the public notice is a mere reproduction of the provision without having context of the current narrow judicial interpretation as done in Ten Events and Entertainment v. Novex Communications Pvt. and Novex Communications v.

IP 124

IP Copyright Trademark Intellectual Property 124