Plagiarism Today

JANUARY 18, 2022

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. In short, the group wrongly assumed that purchasing the book granted them the rights in the book itself.

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Copying Moral Rights Copyright Registration 338

SpicyIP

MAY 1, 2023

AI might fall afoul of the fourth factor as well – effect of the use upon the potential market for the copyrighted work, as the output might act as a market substitute and also, the fact that non-compensation of copyright owners for training might destroy copyright owners’ licensing markets.

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IP Licensing Fair Use Moral Rights 129

43(B)log

AUGUST 11, 2021

Unsettled; hard to say Cord & family intentionally or even negligently sat on their rights. There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. million cowritten songs, 63% of musical groups treat lesser contributors equally.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Original literary, dramatic, musical, and artistic works. Cinematograph films. Sound recordings”.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

JANUARY 24, 2023

Nevertheless, the list of protectable subject matter was amended too to expressly include works of artistic blacksmithing as an example of works of applied art, fonts as an example of works of fine art, light and music shows, circus shows, theatrical productions and landscape creations. No moral rights apply to CGOs.

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Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. One example would be the use of a song for a right-wing political campaign.

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Copyright Law Copyright Law Music 60

LexBlog IP

AUGUST 30, 2023

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. The plaintiff claimed that he alone decided the composition of these products and that this was known to the third defendant. Emphasis added.)

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Intellectual Property Moral Rights Related Rights Art 52

43(B)log

FEBRUARY 4, 2023

Prince’s large, one of a kind originals didn’t usurp Cariou’s market. That should constrain use and licensing of the works if market separation into strata by value matters. Rosenblatt: how we think about that might be different in music sampling than other derivative works. effect on the market. Rosen: Moral rights? [he

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

SpicyIP

JULY 11, 2021

Moreover, with several royalty-free licenses provided by Eli Lilly to ramp up local manufacture, the availability of the drug in the market is likely to have risen and it is all the more difficult to argue that the patent has not been worked. The plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

SpicyIP

DECEMBER 30, 2023

This decision will potentially make a difference in the relationship between record labels and streaming bodies in the future, especially at a time when streaming is generating a humongous revenue for the Indian music industry. Indian Performing Right Society Ltd. Ltd and Indian Performing Rights Society Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

OCTOBER 19, 2022

This holds especially true for provisions that have an impact on moral rights or artists’ freedom to create, such as rules that limit the grant of rights concerning future music. It should not be all too easy to render the legal framework moot in practice by way of a contrary choice of law clause. by Alexander Puutio. €

Contracts 52

Contracts Law Copyright Intellectual Property 52

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. Sections 32-36d and 40a-41 German Copyright Act ). It is thus highly unlikely to have a palpable impact on the substantive position of artists.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 113-4 IPC states that ‘A composite work shall be the property of the author who has produced it, subject to the rights of the author of the pre-existing work.’ A composite work is therefore a derivative work, i.e. simple incorporations (e.g. The parody defence.

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Derivative Work Copyright Law Copyright Law 106

LexBlog IP

AUGUST 31, 2022

Acuff-Rose Music, Inc., Why the CJEU decision in Deckmyn is broader than parody”(2015) 52(2) Common Market Review 511, 518 (2015)]. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). 569, 579 (1994) ).

Fair Use 52

Fair Use Trademark Moral Rights Law 52