article thumbnail

IPSC Breakout Session 3, Language and Authorship/ownership

43(B)log

The Right to Speak a Brand: Rethinking the Interaction Between Trademarks and Speech in the Age of Expressive Branding Alvaro Fernandez-Mora Tweak of original mark to convey parody/comment: adictas three cocaine stripes v. Gerhardt: compare right of publicity, moral rights?

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

The connecting line of recognition of copyright can be drawn back to the ancient times, when Roman jurists like Gaius and Justinian discussed the concepts of incorporeal property, to the enlightenment era where philosophers such as John Locke and Immanuel Kant contributed to the aspects of intangible property (such as copyright, trademark, etc).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Generative AI and Copyright

IP and Legal Filings

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. There will be serious consequences for assigning other than human ownership to AI-generated creations.

article thumbnail

Copyright Of Cinematograph Films: Indian Scenario

IP and Legal Filings

The producers of the movie in question disputed the system, claiming that they were the true creators of the work and that the music and lyrics used in the film were not protected by copyright or public performance rights. [7] Agi Music, the court made two rulings that severely restricted the rights of songwriters. 106A [3] Marley C.

article thumbnail

Personality Rights In India : A Statutory And Judicial Analysis

IP and Legal Filings

Personality rights are divided into two categories: first, the right of publicity, which protects individuals from having their likeness or image used for commercial purposes without their consent or financial compensation. This right is similar to the use of a trademark but not the same.

article thumbnail

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

article thumbnail

The Wonder That is Berne

SpicyIP

That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Although clubbed under IP, copyright is a world away from patents and trademarks, and when you talk about history, facts need to be placed in their context and perspective. Let’s dive in.