SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. As a corollary, it also asserted ‘moral rights’ over the mural under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

43(B)log

AUGUST 11, 2021

Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. Twain thought he should have ownership of his lectures—“my lecture was my property.” No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? Did Twain make fair use?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? As many readers know, U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

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

SpicyIP

DECEMBER 30, 2023

Let’s collectively hope that this year brings us spicier IP developments which help shape India’s IP regime into a more fair, balanced and effective one! HarperCollins Publishers India Pvt. a) Top 10 IP Judgements/Orders (Topicality/Impact) 1. RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124