The IPKat

SEPTEMBER 26, 2023

This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels. American company Narcos obtained the right to synchronise this work for an episode of the series Narcos - Mexico, of which it is the producer, granted by the company Regent. Facts Mr M.

Moral Rights 73

Moral Rights Music Cease and Desist Contracts 73

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

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.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 67

Moral Rights Intellectual Property Editing Inventor 67

SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec.

IP 129

IP Licensing Fair Use Moral Rights 129

SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. By imputing a similar logic, not obtaining licenses for uses such as training of GenAI systems by developers could also be considered commercial exploitation and might not qualify as fair dealing. Is It Though?

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

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. Copyright License.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. Actors, dancers, musicians and singers, yes. What about a juggler?

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Velocity of Content

APRIL 30, 2024

Tech­nical principles were presented by Babis Marmanis, CCC’s EVP and CTO, while Noam Shemtov, professor at Queen Mary University of London’s School of Law, and Daniel Gervais, Vanderbilt Law School professor, focused on the relevant legal is­sues. What role might CCC play in licensing for AI applications? Rowland: Yes.

Licensing 52

Licensing Social Media Copyright Publishing 52

SpicyIP

MAY 23, 2024

Saregama ) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur.

Music 59

Music Licensing Copyright Moral Rights 59

IPilogue

JANUARY 20, 2022

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. On the one hand, licensing deals made possible by control over artistic works offer an important source of revenue for museums struggling during, or in the wake of, mandated closures. Photo by Ståle Grut ( Unsplash ). and the U.S.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. All three types are present in the national laws of Belgium , Germany , France and the Netherlands.

Contracts 52

Contracts Law Copyright Moral Rights 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. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

AUGUST 26, 2022

“To strip CMI metadata ‘knowingly,’ or to distribute such works knowing CMI has been stripped, is potentially criminal under the law,” Schneider wrote. Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. ——-.

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

Plagiarism Today

JANUARY 18, 2022

Make the book public (to the extent permitted by law) 2. The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that. We won the auction for €2.66M. Now our mission is to: 1.

Copying 338

Copying Moral Rights Copyright Registration 338

43(B)log

AUGUST 11, 2021

Taking him at his word: Did Twain infringe her common-law copyright? The court understood that what the author meant to do was to give the publisher an implied license to use/distribute work; given the risk of forfeiture, they had to frame these facts as an issue of assignment. Would that still exist today? Federal preemption.]

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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. 7] We can expect a huge change in such manner right away.

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. The author has researched the laws of Belgium, France, Germany and the Netherlands.

Contracts 52

Contracts Law Copyright Intellectual Property 52

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. To “mint” an image as an NFT, it is crucial that a seller holds the copyright or a license.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IP and Legal Filings

SEPTEMBER 21, 2023

Section 18(1), 3 rd proviso states that the right to receive royalties cannot be waived or assigned or licensed except to legal heirs or copyright society for distribution and collection. The Statutory Position of Royalty Section 19 [1] talks about assignment and licensing of work against which we get royalties.

Copyright 71

Copyright Moral Rights Cinema Music 71

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

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. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

LexBlog IP

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 52

Marketing Marketing Contracts Branding 52

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

JUNE 27, 2022

In order to protect the same the laws should in tandem with the pace of technology. In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Since there is no defined law, injunction cannot be explicitly awarded and enforced by the courts.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

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

FEBRUARY 21, 2022

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. Time is flying and we need to pause and analyse what has happened so far this year.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

DECEMBER 6, 2022

Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. Right to communicate the work to the public. Laws concerning reproduction for personal use do not apply to musical works.

Music 77

Music Copyright Copyright Infringement Moral Rights 77

The IPKat

FEBRUARY 12, 2024

Is copyright movable property under Nigerian law? Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. copyright), can one call such a constitutional right? copyright law.

Copyright 62

Copyright Moral Rights Government Public Domain 62

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

Copyright has been referred to as the creation of a statute under the private property of law that has its subsistence in the various types of works. The law governing the regime of copyright in India is the Copyright Act of 1957.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

IP and Legal Filings

APRIL 26, 2023

1] The creation of a movie involves collaboration between multiple individuals including the director, actors, composer of the soundtrack, and screenwriter, but under copyright law, only the producer is considered the film’s sole creator and owner. This preference for producers in copyright law has recently been questioned.

Copyright 52

Copyright Music Moral Rights Ownership 52

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. These measures included export controls and compulsory licenses (e.g., Is IP to blame for access to Covid-19 vaccines?

IP 91

IP Reporting Contracts Licensing 91

IP and Legal Filings

NOVEMBER 10, 2022

It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These different exclusive rights form the bundle of rights that we refer to as copyright. only the right to reproduce).

Copyright 73

Copyright Intellectual Property Registration Copyright Infringement 73

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. LAW AND ECONOMICS. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98