Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Moral Rights 56

Moral Rights Television Copyright Intellectual Property 56

The IPKat

NOVEMBER 29, 2021

This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed. published recently in open access (review of Parts I and II, here ). Calboli and M. Montagnani, OUP, 912 pp.), Bagley explores, in Chapter 50, IP law through the lens of religious thought in Catholicism, Judaism and Islam.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The NLUJ-CIPS Blog.

IP 129

IP Intellectual Property Moral Rights Blogging 129

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. The World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report , reviewing global IP activity in 2020.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

IP and Legal Filings

NOVEMBER 10, 2022

One of the most important forms of intellectual property is copyright. A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

Copyright 73

Copyright Intellectual Property Registration Copyright Infringement 73

IP and Legal Filings

APRIL 20, 2023

3] ‘Originality’ under intellectual property regulation signifies ‘the declaration of the thought should start from the creator as in the work should not be a duplicate of another work’ [4] Artificial intelligence is subject to its programming, to produce an outcome.

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.

Moral Rights 76

Moral Rights Database Right Designs Design 76

The IPKat

OCTOBER 21, 2023

112-2-10 of the French Code of Intellectual Property (CPI), the court recalled in particular that a work of applied art could be protected by copyright provided that it is original. Protectability of “Lyre” Since the authorship of Mr Cuny was not in dispute, the Court ruled directly on the copyright protection of the “Lyre” lamp model.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 La entrada OM Weekly Digest 12/05/22 se publicó primero en OlarteMoure | Intellectual Property. of the Madrid Protocol.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

NOVEMBER 21, 2021

The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. The annual review covers topics such as the definition of a work, authorship and moral rights. Is Europe running out of trade marks?

Blogging 73

Blogging IP Moral Rights Copyright 73

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

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

IP and Legal Filings

APRIL 26, 2023

The Copyright Board initially sided with the authors, but this decision was later overturned by the court and the producers’ rights were confirmed by the Supreme Court in an appeal. 8] These provisions recognized the rights of directors. This apparent favoritism towards producers is now being questioned. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

SEPTEMBER 30, 2022

In this context, he recalled that according to classical theory intellectual property has (i) a structural aspect: an incentive for creative innovation as it is potentially public goods and (ii) a functional aspect: it provides innovators with the tools to counteract possible illegal exploitation by third parties.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

TorrentFreak

AUGUST 26, 2022

A Bloomberg Law report says the Eleventh Circuit adopted a “heightened standard” towards CMI, with Trace Jackson, an intellectual property attorney at Rogers Towers, offering his understanding of what that means. “It Jackson believes the nature of the platform where the content was published could also provide guidance.

Moral Rights 127

Moral Rights Copyright Public Domain Copyright Infringement 127

The IPKat

OCTOBER 10, 2022

This question is addressed through the lens of general theories behind intellectual property, namely utilitarianism, the labour theory of property, personality theory, and the social planning theory. Publisher: Thomson Reuters Publication Date: 2021 Extent: 188 pages, including notes and bibliography ISBN: 978-84-1390-904-2.

Inventor 140

Inventor Invention Patent Ownership 140

The IPKat

DECEMBER 22, 2021

Instead, international protection of works originating in the USA was obtained in various ways: through bilateral agreements; by means of “backdoor protection” where works were first or simultaneously published in Berne Union countries; and through multilateral conventions.

Copyright 133

Copyright Moral Rights Copying Publishing 133

SpicyIP

DECEMBER 11, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Highlights of the Week Jab “We” Met: When Intellectual Property (IP) Met Public Interest (PI), a Poem Image from here When IP met PI (Public Interest)! Anything we are missing out on?

Trademark 103

Trademark Fair Use Moral Rights Art 103

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. 2022, 618ff.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. Right to communicate the work to the public. Indonesia – You Can Not Publish A Cover Song Without Permission!

Music 77

Music Copyright Copyright Infringement Moral Rights 77

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

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Case 3- Thomson Reuters Enterprise Center GMBH and West Publishing Corp. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” The Model grants to the Publisher or assignees, the irrevocable and unrestricted right to use and publish [TYPE OF ART, (i.e.

Publishing 85

Publishing Art Contracts Artwork 85

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 ).

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

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? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. City Commercial Invs., 20-cv-08030-EMC (N.D. Oct 18, 2022).

Social Media 52

Social Media Art Fair Use Moral Rights 52

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

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. The Indian Copyright Act, 1957 According to the act , only creators and performers, including actors, singers, musicians and dancers, have moral rights.

Personality Rights 77

Personality Rights Privacy Moral Rights Copyright 77

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

The moral rights related to copyright law such as the right of authorship and against mutilation or destruction of the work under Section 57 of the Copyright Act, 1957. Section 38 deals with performers’ rights that would be valid for 25 years from the first date of performance. Copyright Law.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

SpicyIP

DECEMBER 30, 2023

HarperCollins Publishers India Pvt. Based on the above reasoning, the Court refused to grant an injunction against the novelization of Nayak’s screenplay by Harper Collins Publishers India Pvt. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024.

IP 124

IP Copyright Trademark Intellectual Property 124

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.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

Kluwer Copyright Blog

OCTOBER 17, 2022

Traditionally, many copyright exploitation contracts between artists and corporate partners such as publishers and record companies have been contracts of adhesion with a ‘take it or leave it’ nature. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. Introduction. by Edward J.

Contracts 52

Contracts Law Copyright Moral Rights 52

LexBlog IP

DECEMBER 19, 2022

More in detail, VEGAP acted on behalf of the rightsholders of the works by Mirò, Tàpies and Barcelò, alleging that this unauthorized use of “Oiseau volant vers le soleil” and “Tète et Oiseau”, “Ulls i Creu” and “Esgrafiats” and “Dilatation” infringed both moral rights (right (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

Kluwer Copyright Blog

MARCH 28, 2022

In 2008, the Foundation published a six-volume work that illustrated in details the Foundation’s computer-based cataloguing of data related to the painter’s works. 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.

Copyright 52

Copyright Art Moral Rights Law 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Right of remuneration (Sections 32 et seqq. Intellectual Property Law in China, 2nd edition. Copyright contract law (Sections 31 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98