The IPKat

FEBRUARY 20, 2024

One of Mango's virtual fashion week runways ( Mango ) The Court's ruling Moral rights The Court began by examining the moral right of dissemination under Spanish law, and found that - seeing as the relevant works had already been displayed to the public at large - such rights had been exhausted, and there was no further infringement.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 11, 2021

Cord told Twain the story in NY, which is governed by Hemingway’s Estate v. Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. Did Twain make fair use? If a household worker had listened to Twain tell a story and published it, would we think it was fair use?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

The IPKat

JULY 9, 2023

However, readers seeking to understand the principles governing the application of copyright to this type of work will not be satisfied only with this book. This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. The same is for moral rights.

Art 57

Art Copyright Moral Rights Cease and Desist 57

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. However, the Government later withdrew these guidelines. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. So … see here , here , and here.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not.

IP 129

IP Licensing Fair Use Moral Rights 129