IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder.

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Intellectual Property Moral Rights Designs Design 52

LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

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Marketing Marketing Contracts Branding 52

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moral rights.

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Moral Rights Copyright Music Art 70

The IPKat

NOVEMBER 29, 2021

This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed. Here, readers will find an explanation of both traditional valuation methods (cost method, market method and income method) and newer methods (such as the Monte Carlo method), - all based on real-life scenarios. Calboli and M.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

IPilogue

JANUARY 20, 2022

Those who criticize the company, and any association with it, may have better grounds to stand on than moral outrage over pornography. . Moral rights include the right to the integrity of the work and attribution in reasonable circumstances. Museums in France can claim perpetual moral rights of an author’s work.

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Marketing Marketing Public Domain Moral Rights 111

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

Kluwer Copyright Blog

FEBRUARY 7, 2022

The EU Directive on the Digital Single Market introduced two text and data mining (TDM) exceptions (for non-commercial and commercial purposes), which are supposed to facilitate use of copyright-protected content in ML processes. The missing bit: moral rights. Some countries have a longer list of moral rights.

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Moral Rights Copyright Intellectual Property Law IP 107

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement. Vs. Prime Cable Network , the plaintiff has business of producing and marketing music cassettes, CDs etc. Mannu Bhandari V.

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Copyright Infringement Music Moral Rights Copyright 52

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. dishes and seasonings) as works of IP. (1) Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. 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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

DECEMBER 12, 2021

The dilemma is whether a chef’s aesthetic plating of a dish (who is also the original creator) may be protected under intellectual property rights. It will be protected as an original artistic work, granting chefs the same economic and moral rights as writers of other works.

Art 52

Art Copyright Artistic Work Moral Rights 52

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

DECEMBER 26, 2022

Since 2017, the artist has produced, exhibited, and marketed busts inspired by the character of Tintin, and sculptures inspired by the rocket depicted in the albums "Destination Moon" and "Explorers on the Moon". Background The facts of this case are relatively simple. Indeed, relying explicitly on Article L.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Velocity of Content

MARCH 16, 2023

Real market harm Filed January 13, this class action pits illustrators against generative AI companies who, according to the Complaint, used images without permission as training data and allowed people to create works in their “style” without compensation. is being used as code. I look forward to the creativity that will be on display.

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Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . This related right lasts 20 years from the date of production of the photograph, and grants the photographer the exclusive right of reproduction, dissemination, and marketing of the image. by Edward J.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

Kluwer Copyright Blog

DECEMBER 18, 2022

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

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Moral Rights Publishing Licensing Copyright 102

LexBlog IP

DECEMBER 19, 2022

However, having Mango ceased to use the works both in the physical and in the digital world and not being the NFTs at the disposal of the clothing company, the Court addressed the injunction only to Opensea and with reference only to the NFTs – hence the “partial” danger.

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Copyright Due Diligence Moral Rights Social Media 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 75

Kluwer Copyright Blog

SEPTEMBER 1, 2021

113-2 paragraph 2 of the French Intellectual Property Code (“IPC”) defines a ‘composite work’ as ‘a new work in which a pre-existing work is incorporated without the collaboration of the author of the latter work’. Derivative works under French copyright law. music synchronised in an advertisement) and adaptations (e.g.

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Derivative Work Copyright Law Copyright Law 107

SpicyIP

JULY 11, 2021

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights.

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Moral Rights Journalism Licensing IP 105

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. 82 of 2002 for the Protection of the Intellectual Property Rights (IPRs) (see also here ).

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Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

OCTOBER 19, 2022

The parallel with the concept of overriding mandatory provisions is clear: In France, Article L 132-24 para 2 French Intellectual Property Code is of particular note, as it seeks to counter buyout practices in the audiovisual sector. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Contracts 52

Contracts Law Copyright Intellectual Property 52

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. This is called personality merchandising or ” marketing of one’s persona.

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Personality Rights Privacy Social Media Intellectual Property 61

Kluwer Copyright Blog

MARCH 28, 2022

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. Intellectual Property Law in China, 2nd edition. Relationship with the CJEU case law: a step back in time? More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Copyright 52

Copyright Art Moral Rights Law 52

SpicyIP

DECEMBER 30, 2023

Madras High Court Inaugurates the IP Division and Notifies Intellectual Property Division Rules, 2022 The Madras High Court on April 12, 2023, inaugurated the Intellectual Property Rights (IPR) Division, making it the second High Court after the Delhi High Court with a dedicated IP Division to hear IPR disputes.

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IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

OCTOBER 17, 2022

A partial harmonisation of rules belonging to this third category has taken place at the EU level, most notably by Articles 18 through 23 Copyright in the Digital Single Market (CDSM) Directive. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. €

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data. by Christopher Heath. €

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Contracts Copyright Law Cease and Desist 98

LexBlog IP

AUGUST 31, 2022

As one law review put it (at 509) , “several jokers have even found themselves in intellectual property battles.” Why the CJEU decision in Deckmyn is broader than parody”(2015) 52(2) Common Market Review 511, 518 (2015)]. Eleonora Rosati, “Just a laughing matter? ”)(italics in Rosati).

Fair Use 52

Fair Use Trademark Moral Rights Law 52

The IPKat

MAY 25, 2022

Ms Gray was a writer and filmmaker, who had studied aspects of intellectual property law through a master’s degree in film. In 2015 she commenced work at Mulberry as a Market Support Assistant.

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Copyright Moral Rights Intellectual Property Intellectual Property Law 94