The IPKat

NOVEMBER 14, 2021

Come with this Kat for a stroll around this week’s posts from IP blogs. moral rights. 17 CDSM compatible with EU law? 17 CDSM compatible with EU law? The Fashion Law analyses the matter, including the decision of the first instance court and its reversion upon appeal. Is the Spanish implementation of Art.

Blogging 113

Blogging IP Moral Rights Artwork 113

Intellectual Property Brief

NOVEMBER 3, 2021

Property rights and artist rights collide in this legal dispute between Vermont Law School and artist Sam Kerson. Property owners are developing unique methods to preserve art with respect to artists’ moral rights to their work.

Moral Rights 52

Moral Rights Law Art Blogging 52

The IPKat

NOVEMBER 21, 2021

The IPKat is always paying attention to what IP stories are running around out there. TRADE MARKS According to Professor Barton Beebe of NYU School of Law, more than 77% of the 20,000 most common English words identically match a EUTM registration, and the remaining 23% of words have negative connotations.

Blogging 73

Blogging IP Moral Rights Copyright 73

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

The IPKat

DECEMBER 26, 2022

The court also recalled the difference between originality and novelty as understood under design law and the non-relevance of prior art in copyright cases. It is unfortunate that the Court of Appeal once again refused to use exactly the terms derived from the case law of the CJEU, still relying heavily on the notion of personal imprint.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

MARCH 18, 2023

It provides an outline of the basic legal principles and how the IP system works. The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice."

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

JANUARY 11, 2023

What moral rights looked like in the 12th century—the story of "Guide of the Perplexed" Neil Wilkof took us back to the medieval ages, and looked at the work of Moses Maimonides’ “The Guide of the Perplexed”. Parody under copyright and trade mark law: key guidance from Zorro.

Moral Rights 67

Moral Rights Copyright Reporting Law 67

IPilogue

MARCH 29, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The Office provided an example where a user instructs an AI tool to “write a poem about copyright law in the style of William Shakespeare”. RAGHAV is the first non-human “author” of a copyrighted work. How will this apply in Canada?

Copyright 105

Copyright Moral Rights Copyright Law Registration 105

Garrigues Blog

NOVEMBER 28, 2023

However, Spanish law provides that it is up to the director and producer to decide on how it is ultimately released for public viewing. In the audiovisual industry, it is known as final cut privilege , i.e. the right to decide on the final version of an audiovisual work (for example a film or series). Article 92.1

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

IPilogue

NOVEMBER 30, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Copyright law protects and should continue to protect communicative and dialogical spaces.

Art 106

Art Copyright Moral Rights Fair Use 106

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 7, 2022

Debate on AI and IP continues. The US government ran a consultation on AI and IP a few years ago. WIPO has so far had four sessions of their Conversation on AI and IP. The missing bit: moral rights. However, some aspects of IP are missing from this important debate. Moral rights and AI under Australian law.

Moral Rights 107

Moral Rights Copyright Intellectual Property Law IP 107

LexBlog IP

FEBRUARY 21, 2024

For these reasons, the copyright agency considered that the analysis showed that the participation of the applicant was limited to providing language instructions to the software, and therefore, he could not be considered to be an author, under the applicable definition in the law.

Copyright 52

Copyright Copyright Law Moral Rights Law 52

Sander Law

AUGUST 24, 2020

Moral Rights. Although the initial creator of the work can assign their copyright to another entity, they cannot assign the associated Moral Rights. However, moral rights can be waived, and therefore any agreement assigning copyright from the contractor to the business owner should include a moral rights waiver.

Ownership 59

Ownership Moral Rights Copyright Artwork 59

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

IIPRD

NOVEMBER 1, 2023

Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

AUGUST 30, 2023

dishes and seasonings) as works of IP. (1) 1) He made this request on grounds including trademark law and unfair competition law. Applicable legal provisions The relevant law in this case was Law 2121/1993. Originality The meaning of “originality” is not generally defined by law.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

FEBRUARY 21, 2022

In the meantime, check out the upcoming IP events. Contextualized in a sectorial approach - including areas such as health, fashion, environmental, artificial intelligence, automotive, and food industry - expert panels will consider the challenges and developments in IP case law and legislation that lie ahead.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

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. More information and submission guidelines can be found here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

IP and Legal Filings

JUNE 27, 2022

In order to protect the same the laws should in tandem with the pace of technology. This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

SEPTEMBER 21, 2023

Introduction Copyright, much like other IPs, have aimed at not only protecting someone’s right, but also enabling them to garner maximum commercial exploitation from such an exclusive right over their unique creations. Producers tend to take a waiver, and actors waive their moral rights [17] to the extent permissible in law.

Copyright 70

Copyright Moral Rights Cinema Music 70

43(B)log

JUNE 26, 2023

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. But it is generally known as the “right of publicity” as evolved from the right of privacy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. Old Laws Protect New Trends. What about copyright infringement?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

FEBRUARY 20, 2023

While Sanremo is over for this year, this Kat is still musing on possible IP issues during the most appreciated Italian music show. Street art All this raises interesting IP points concerning the Italian IP legal system. The first one relates to street art and graffiti and how they are protected under the Italian law.

Art 98

Art Music Artwork Social Media 98

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. SpecialKat Tian Lu wrote a short summary of the report.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

IP Tech Blog

MAY 19, 2023

As we will explore, contractual relationships are an effective way of mitigating the risk of breaking CAP Code or consumer law protection requirements. This will need to be reflected in any contract, as the starting position under English law is that the owner of any copyright will be the author (subject to some exceptions).

Marketing 57

Marketing Marketing Branding Brands 57

IP and Legal Filings

APRIL 18, 2023

1] Legal personality refers to the ability of an entity to hold legal rights and obligations. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2] 5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks.

Inventor 52

Inventor Moral Rights Patent Invention 52

The IPKat

NOVEMBER 29, 2021

Part 3: Intersections between IP and (social) science Part 3, starting with Chapter 26 written by Shubha Ghosh, analyses consequentialist thinking and economic analysis in IP. Economics approach to patent law is then discussed in Chapter 27, by Bruno van Pottelsberghe de la Potterie. Gallagher and Debora J.

Intellectual Property 73

Intellectual Property IP Moral Rights Art 73

SpicyIP

JULY 14, 2023

Image generated through DeepAI Readers will recall that last month Swaraj announced our IP History series which was followed by Shivam’s incisive posts on India’s entanglement with Berne Convention and the Stockholm Conference. Copyright and Author’s Rights The publishers wrote the history of Anglo-American copyright. Let’s dive in.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

IPilogue

JANUARY 20, 2022

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. Those who criticize the company, and any association with it, may have better grounds to stand on than moral outrage over pornography. . Museums in France can claim perpetual moral rights of an author’s work. and the U.S.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

IP Whiteboard

AUGUST 30, 2020

What about moral rights? One remedy for infringement is to have the infringing work “delivered up” and destroyed, so it would be interesting to see how the law is applied in this area. What about moral rights? Another topic which has leads a rabbit hole is the question of moral rights. 1] [link]. [2]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IPilogue

MARCH 29, 2023

The Office provided an example where a user instructs an AI tool to “write a poem about copyright law in the style of William Shakespeare”. The increasing traction of AI warrants similar guidance from CIPO regarding the status of AI authorship under Canadian copyright law. RAGHAV is the first non-human “author” of a copyrighted work.

Copyright 40

Copyright Moral Rights Copyright Law Registration 40

IPilogue

FEBRUARY 25, 2022

Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Twitch has been featured on the IPilogue in the past (relating to video game copyrights , moral rights in video games , and the European Copyright Directive ) but this case is unique as it involves a different form of copyrighted media: TV shows.

Music 102

Music Moral Rights Copyright IP 102

IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” ” A similar view was reiterated in “ Kanungo Media (P) Ltd.

Cinema 79

Cinema Copyright Blogging Registration 79

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 143

Artwork Public Domain Moral Rights Art 143

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59