Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. Even using a legal music streaming service to listen to music on your own phone and in your own house or in a private setting does not attract copyright infringement. Mannu Bhandari V.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

IPilogue

NOVEMBER 30, 2022

Dean Zemer explored the copyright principles of Fair Use, Orphan Works, and Perpetual Rights. Similarly insufficient is the form of non-perpetual protection favoured by the Common Law – moral rights in Holocaust works should be granted perpetual protection, which requires special legislation.

Art 106

Art Copyright Moral Rights Fair Use 106

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. Even using a legal music streaming service to listen to music on your own phone and in your own house or in a private setting does not attract copyright infringement. Mannu Bhandari V.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

The IPKat

MARCH 24, 2023

These provisions are similar to those in Kenya’s Copyright Amendment Act 2022 which was successfully used in Multichoice Kenya Limited v Safaricom Plc & others to compel a service provider to block access to sites with infringing content.

Copyright 82

Copyright Moral Rights Fair Use Related Rights 82

43(B)log

AUGUST 11, 2021

Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. Deals with © and moral rights, first sale, users rights.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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

The IPKat

JULY 9, 2023

This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. Once again, opinions are divided on the importance of the right of attribution. The same is for moral rights.

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

OCTOBER 10, 2023

What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. Copyright Act is the primary section that grants rights to visual artists.

Social Media 52

Social Media Art Fair Use Moral Rights 52

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Liability and Risk Reduction AI art is already inviting legal actions which makes it a risk, especially when it is being applied for commercial use.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

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 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

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.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 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

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. 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 107

Derivative Work Copyright Law Copyright Law 107

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Click to read! Art Sassoon Dock mural controversy.

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). ”)(italics in Rosati).

Fair Use 52

Fair Use Trademark Moral Rights Law 52

SpicyIP

DECEMBER 30, 2023

However, the organization, disregarding the moral rights element here , refused to acknowledge the request stating that there exists no individual authorship and that they had given all the rights to NCERT when the committee was terminated. Acko General Insurance.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.

Art 45

Art Copyright Settlement Moral Rights 45