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

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. We stand on the cusp of bidding farewell to 2023 with just 10 days remaining!

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

NOVEMBER 19, 2023

Image via Pexels Katfriend Mindia Davitadze commented on the fact that Georgia recently became the 5th validating state to the European Patents Organisation by signing the Validation Agreement and promising to bolster the protection of intellectual property rights within the industrial sector.

Moral Rights 67

Moral Rights Intellectual Property Copyright Law Copyright 67

Kluwer Copyright Blog

APRIL 22, 2024

Mango, in turn, sustained in its defence that (i) as the rightful owner of the physical Paintings, it was entitled to display them in public, and that (ii) the creation of digital works (i.e. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

The IPKat

NOVEMBER 22, 2021

And who poses moral rights in the work? The monograph is presented in six chapters. Chapter five addresses the questions at the heart of who possesses the authority to perform the play, enforcing credit and control by exploring moral rights of attribution and integrity in the theatrical context.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. Mannu Bhandari V. Kala Vikas Pictures Pvt.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Dean Zemer explored the copyright principles of Fair Use, Orphan Works, and Perpetual Rights.

Art 106

Art Copyright Moral Rights Fair Use 106

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

The plaintiff presented the recordings of their copyrighted works being broadcasted in the defendant’s television channel as evidence in front of the Delhi High Court. Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. Mannu Bhandari V. Kala Vikas Pictures Pvt.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Kluwer Copyright Blog

JUNE 18, 2021

It was a historic milestone in the area of rights related to copyright. Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

NOVEMBER 23, 2023

The present decision endorses this past solution. This Kat does not necessarily perceive the present ruling as a weakening of the author's protection. Indeed, the absence of any specific provision in the French Intellectual Property Code concerning the limitation period for such an action means that the ordinary law (i.e.,

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

Kluwer Copyright Blog

FEBRUARY 15, 2023

I do, however, fail to see a case that there is underinvestment at present in text, music and image generation that requires a legal incentive. If copyright was meant as a right in all potentially commercially valuable things, the right would have been given to publishers, not authors.

Copyright 143

Copyright Moral Rights Blogging Editing 143

The IPKat

OCTOBER 10, 2022

The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownership – and how their inventions would be evaluated against established human rules in the first place, are considered in this book.

Inventor 140

Inventor Invention Patent Ownership 140

JIPEL Copyright Blog

NOVEMBER 30, 2021

As artists increasingly express themselves through NFTs, will their moral rights be protected? Some might argue that the rationales behind the existence of moral rights preclude their application to NFTs. It is not possible to say whether our present assumptions about NFTs and moral rights will hold water in the future.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. The concept of copyright is twofold since it covers both economic and moral rights.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

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. Hence, ownership is not granted to the AI.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

The IPKat

MARCH 18, 2023

The book is presented in five parts, described in the book as “broadly along the lines drawn by the main Acts of Parliament dealing with these branches of law.” The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

IP and Legal Filings

SEPTEMBER 21, 2023

It is not feasible to give royalty every time a film is played on TV or for each second the actor is present in the scene. Section 38B [16] talks about moral rights of a performer which states that like authors, they are entitled to special rights, including moral rights in their works/performance.

Copyright 73

Copyright Moral Rights Cinema Music 73

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. Food plating is the technique of enhancing the presentation of food by arranging and decorating it to add value.

Art 52

Art Copyright Artistic Work Moral Rights 52

IP Whiteboard

AUGUST 30, 2020

What about moral rights? So if tattoos can receive copyright protection as artistic works, then the next question becomes – who owns the rights in the tattoo? These rights can be assigned or licenced but, as we understand it, this is not common place in the tattoo industry. What about moral rights?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. In so doing, the sought to present a text that preserved Shakespeare's "beauties", while removing the “blemishes”. But call it "editing", and furrows on one's brow are less likely.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

Patently-O

SEPTEMBER 27, 2023

This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity. However, engaging diverse inventors at large technology companies still presents layers of challenges. However, involving diverse inventors in large tech companies presents challenges.

Inventor 113

Inventor Moral Rights Business Technology 113

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. People with money and power should really be doing this anyway.”

Art 105

Art Moral Rights Artwork Editing 105

Velocity of Content

APRIL 30, 2024

The presentation wove together techni­cal principles and legal arguments. 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.

Licensing 52

Licensing Social Media Copyright Publishing 52

LexBlog IP

AUGUST 22, 2023

Commissioning parties often present artists with a take-it-or-leave-it ultimatum: waive your VARA rights or forget about getting this job. VARA is meant to be a balance between the artist’s moral rights and the owner’s control over the tangible art in its possession.

Art 52

Art Moral Rights Law Intellectual Property 52

The IPKat

NOVEMBER 21, 2021

The EUIPO, through its Observatory, has published a new discussion paper presenting best practices for electronic payment service providers to prevent their services from being abused by infringers. The annual review covers topics such as the definition of a work, authorship and moral rights. WTR has written an article about it!

Blogging 73

Blogging IP Moral Rights Copyright 73

IP and Legal Filings

APRIL 18, 2023

5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention. 6] They might sell their ownership interest as per the contract, but they shall have the right to retain their ‘moral right’.

Inventor 52

Inventor Moral Rights Patent Invention 52

SpicyIP

JULY 23, 2023

Sudhakar Pai and Ors vs M/S Manipal Academy of Higher Education on 17 July, 2023 (Karnataka High Court) The appellants, employees, and office bearers in the same company, filed the present appeal contesting the compensation and the civil imprisonment ordered by the Commercial court for wilfully disobeying the court’s earlier injunction order.

Trademark 98

Trademark IP Higher Education Moral Rights 98

The IPKat

DECEMBER 26, 2022

Contrary to the first instance judgment, it is also worth mentioning that the present judgment does not provide any substantive development as to the infringement of the economic and moral rights of the plaintiffs. It should be noted that the alleged infringer did not attempt to question the originality of Tintin.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

FEBRUARY 20, 2023

In all this, street art could give of course rise to conflicts between IP and real property owners [more detailed analysis here ] , but this is not relevant to the present discussion. A few days have passed since the initial reaction from the Instagram account Cicatrici Nere, on which the issue was brought up.

Art 98

Art Music Artwork Social Media 98

Olartemoure Blog

MAY 13, 2022

Nevertheless, to some, an NFT doesn’t convey copyright, usage rights, moral rights, or any other rights at all, as these aspects are regulated separately in a written contract. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text. As a result, his estate launched proceedings for copyright infringement.

Derivative Work 137

Derivative Work Editing Copyright Music 137

LexBlog IP

AUGUST 30, 2023

According to article 1(1): intellectual creators, by creating the work, acquire intellectual property over it, which includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect the personal link to it (moral right). Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Garrigues Blog

JUNE 29, 2023

Although for many communities and indigenous peoples, cultural creations are the way they present themselves to the world, and have a high economic and social value for them, the control those communities have over their own creations is very limited.

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

IP and Legal Filings

MARCH 28, 2024

Sanghavi,” which highlight the need to protect titles notwithstanding the diversity of viewpoints presented in court rulings. As a result, court prohibited the defendants from utilising the word “Sholay” itself in the title of their movie because the movie has become a “cult classic.”

Cinema 82

Cinema Copyright Blogging Registration 82

IIPRD

NOVEMBER 1, 2023

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. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

The IPKat

NOVEMBER 29, 2021

Van Overwalle and Kestemont present a useful classification of different research designs (eg descriptive research an evaluative research), which is followed with an explanation of doctrinal and empirical research methods. The psychology of IP law is presented in Chapter 35, by Gregory N.

Intellectual Property 73

Intellectual Property IP Moral Rights Art 73

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Jeff Koons has been condemned three times in cases relating to his very successful ‘ Banality ’ series of sculptures, which he presented in 1988: once in the US and twice in France, each time using the parody defence without success. Koons had made a sculpture from one of Rogers’ ‘Puppies’ photographs, as presented hereunder.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107