The IPKat

AUGUST 20, 2023

Of all the grounds of appeal to the Supreme Court, the most intriguing one is that concerning the application of relevant provisions in the Italian Copyright Act concerning moral rights. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94

Artwork Moral Rights Art Litigation 94

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

Plagiarism Today

SEPTEMBER 8, 2022

Last month, a study published by The Galaxy examined the top 25 most valuable NFT projects and found that, despite many understanding that NFTs transferred either the copyright or the license in the original work, only 1 in 25 of those projects even attempted to do as such. However, the CBE licenses don’t mention moral rights at all.

Licensing 205

Licensing Moral Rights All Rights Reserved Copyright 205

The IPKat

JANUARY 23, 2024

Research Handbook on Intellectual Property and Moral Rights, by Ysolde Gendreau. Overlapping Intellectual Property Rights, by Neil Wilkof, Shamnad Basheer, and Irene Calboli. The Cambridge Handbook of Investment-Driven Intellectual Property, by Enrico Bonadio and Patrick Goold.

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

NOVEMBER 22, 2021

And who poses moral rights in the work? 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. The monograph is presented in six chapters. Details here.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

Kluwer Copyright Blog

JUNE 15, 2023

The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Moral Rights 56

Moral Rights Television Copyright Intellectual Property 56

43(B)log

AUGUST 11, 2021

Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? If a household worker had listened to Twain tell a story and published it, would we think it was fair use? Seems unlikely.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

Blogging 67

Blogging IP Moral Rights Copyright Law 67

The IPKat

JANUARY 30, 2022

The IPKat has published several posts over the past two weeks! COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.

Moral Rights 76

Moral Rights Database Right Designs Design 76

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. What brought together the two siblings was a book publishing project, The Family Shakespeare , first published in 1807, with a second edition published in 1818.

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

The IPKat

OCTOBER 21, 2023

Moral right of attribution Finally, regarding the infringement of the moral right of attribution, the mere fact that the name of Mr Cuny was absent from the photographs published on social networks was sufficient to uphold it. As a result, the conditions for the application of the exception were not met.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

Kluwer Copyright Blog

FEBRUARY 15, 2023

If copyright was meant as a right in all potentially commercially valuable things, the right would have been given to publishers, not authors. Then of course I would love to see the machine exercise its moral rights. I also reject the argument that because something is valuable it must have copyright protection.

Copyright 143

Copyright Moral Rights Blogging Editing 143

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 61

Ownership Moral Rights Public Domain Intellectual Property 61

SpicyIP

FEBRUARY 24, 2022

The Blog regularly publishes articles in the field of IP and functions in a structured manner much like a journal. The ownership over the copyright of the essay published on the CIPS Blog will be transferred to the CIPS Blog and the author shall still retain the moral rights over their work. The NLUJ-CIPS Blog.

IP 129

IP Intellectual Property Moral Rights Blogging 129

The IPKat

JULY 9, 2023

This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. Once again, opinions are divided on the importance of the right of attribution. The same is for moral rights.

Art 57

Art Copyright Moral Rights Cease and Desist 57

SpicyIP

JULY 14, 2023

A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. With over 35 years of experience in the creative industries, Achille pioneered music publishing in India with Deep Emotions Publishing in 1996 and has also served as a public servant in France.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

IP Whiteboard

AUGUST 30, 2020

What about moral rights? As the owner of the copyright, Mr Black would have the exclusive rights to: reproduce the work in a material form; publish the work; and. What about moral rights? Another topic which has leads a rabbit hole is the question of moral rights. 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

MARCH 18, 2023

A discount for IPkat readers has kindly been provided by the publisher, please see below for the code. 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

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 and Legal Filings

SEPTEMBER 21, 2023

Agreement will also include that any work the musician is associated with shall come under within its purview, such as existing works, whether published or unpublished) and future works.Copyright societies cannot collect royalties on behalf of every person in India or the world working in such field, simply because they do not know about them.

Copyright 72

Copyright Moral Rights Cinema Music 72

The IPKat

NOVEMBER 14, 2021

moral rights. This week, the European Commission published a recommendation for a common European data space for cultural heritage, considering the digitisation of works for future generations, as noted by the Kluwer Copyright Blog. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 113

Blogging IP Moral Rights Artwork 113

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

The IPKat

JANUARY 17, 2024

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. As a result, his estate launched proceedings for copyright infringement.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

DECEMBER 22, 2021

Instead, international protection of works originating in the USA was obtained in various ways: through bilateral agreements; by means of “backdoor protection” where works were first or simultaneously published in Berne Union countries; and through multilateral conventions.

Copyright 133

Copyright Moral Rights Copying Publishing 133

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. 2022, 618ff.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IPilogue

FEBRUARY 25, 2022

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. Twitch Popularity.

Music 102

Music Moral Rights Copyright IP 102

TorrentFreak

AUGUST 26, 2022

Jackson believes the nature of the platform where the content was published could also provide guidance. In Maria Schneider’s CMI article she talks about the moral rights of artists, including the right to attribution and the right of integrity. The Eleventh Circuit opinion can be found here (pdf).

Moral Rights 126

Moral Rights Copyright Public Domain Copyright Infringement 126

Olartemoure Blog

MAY 13, 2022

According to the information published by the Ministry of Commerce, Industry, and Tourism, in 2021, China became first Asia’s inverstor in Colombia. 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.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

OCTOBER 10, 2022

Approaching the concepts of author and inventor, Sánchez García prefers to adopt a new concept, the ‘Artificial Inventor’ as the “thing that produces effects”, capable of “influencing society with quantifiable and attributable effects” even if it cannot enjoy moral rights (p.121).

Inventor 140

Inventor Invention Patent Ownership 140

IP and Legal Filings

APRIL 26, 2023

The argument that producers should have ownership of the copyright because they bear the risk of making the movie is not convincing when compared to other industries such as publishing, where the publisher bears a similar risk but does not have authorship or ownership of the copyright under the law. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. City Commercial Invs., 20-cv-08030-EMC (N.D. Oct 18, 2022).

Social Media 52

Social Media Art Fair Use Moral Rights 52

Kluwer Copyright Blog

DECEMBER 18, 2022

Favouring the press publishers. 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.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

Art Law Journal

AUGUST 18, 2022

Generally, artistic expression is protected as free speech, and images that include a person and are published purely as artistic expression do not require a model release. The Model grants to the Publisher or assignees, the irrevocable and unrestricted right to use and publish [TYPE OF ART, (i.e. PURPOSE OF USE.

Publishing 85

Publishing Art Contracts Artwork 85

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. The copyright lawyer in me wonders whether these differences could rise to the level of a violation of the integrity aspect of moral rights, which prohibits any distortion of the work that would be prejudicial to honor or reputation.

Art 134

Art Artwork Copying Moral Rights 134

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. The Indian Copyright Act, 1957 According to the act , only creators and performers, including actors, singers, musicians and dancers, have moral rights.

Personality Rights 79

Personality Rights Privacy Moral Rights Copyright 79

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Case 3- Thomson Reuters Enterprise Center GMBH and West Publishing Corp. If Case 2 were brought in a jurisdiction that recognized more traditional moral rights , that would provide another basis for a claim. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98