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When do historians have to apologize for the results of their research? On the collision between the freedom of scientific research and the memory of the deceased.
The results of scientific research, especially historical research, sometimes lead to a clash of values: the right to freedom of scientific research and the right to the protection of personal property consisting in the memory of a deceased person. So when does a historian have to apologize for his work? What lessons for historical researchers [...]

Is every fashion project protected by copyright?
Cristóbal Balenciaga - one of the most important fashion designers of the 20th century - said that "a fashion designer must be an architect of design, sculptor of form, painter of color, musician of harmony and philosopher of restraint"[1]. A clothing creator should combine many factors in his work. His task is, above all, to [...]

Fashion in SARS-CoV-2 times
It started quite innocently. The coronavirus forced Chinese designers, merchants, stylists and other representatives of the fashion industry to resign from participating in Milan Fashion Week autumn-winter 2020/2021. From 18 February to 24 February 2020, they were not part of an event overflowing with Italian chic. The Camera Nazionale della Moda Italiana (or National Chamber [...]

20 years of court battle for two seconds of music - or how to legally sample?
After exactly two decades of dispute between the classics of the German electronic music scene, Kraftwerk and hip-hop producers, M. Pelham and M. Haas, the Court of Justice of the European Union answered the question on the legality of the use of samples. To be exact, on one of the threads important in answering such [...]

Where will the „Stairway to heave” lead to?
The issue of music plagiarism on the example of the case against Led Zeppelin. The controversial issue of music plagiarism (already addressed on this blog (is gathering more harvest in terms of copyright law. The US Court of Appeal (9th District) overruled the judgment of the Federal Court of Los Angeles that was favourable for Led [...]

Tags: #plagiarism
Fashion – with the law at its inception
The world of great fashion involves collections, fashion shows, sessions, banquets and spectacular shifts at the top. Milan, Paris, London, New York, increasingly Dubai. One has to have the appropriate profession or a day made of rubber to catch up with it all. How did it start? At a time when people’s lives were much [...]

The Court of Justice of the EU on twice the appropriate remuneration under the Act on Copyright and Related Rights
The judgement issued on 25 January 2017 (Case C-367/15, the OTK Association v. Polish Filmmakers Association) considered as compatible with EU law the provision of the act of 4 February 1994, on Copyright and Related Rights which allows the holder of copyrights to request from the infringer of these rights twice the sum equivalent to [...]

Composers strike (back)
Musicians and composers working in the US market stand up for yours and their royalties. Under the Copyright Act of 1976, the creators of works created in the 70s and 80s more and more often take steps to recover the property rights to their works. Recently, such an action was taken by composer Ennio Morricone. [...]

Changes to the Personal Income Tax Law. More money in the wallets of (some) artists and creators?
The amendment to the Law on Personal Income Tax (PIT) is seen as a new solution for the optimal settlements for a specific group of taxpayers. In practice, the change is nothing more than the restoration (though incomplete) of what used to be. The “new” idea of the government – a change to the PIT [...]

Young Artist v. Textile Giant – A dispute over the limits of replication in fashion
Celine-like shoes, Anya Hindmarch-like handbag... a number of popular high-street fashion shops are often accused of having in their stock nearly exact copies of international fashion house collections. Inditex, a group to which Zara belongs, has also been a target of such allegations. Apart from discussions over the limits of inspiration in fashion and the [...]

What happens when a business forgets about intellectual property?
Every business – small or large – has to deal with issues related to intellectual property. Of course there are such industries, sometimes called ‘creative’, for which copyrights, patents and industrial designs are the essence of their business. Filmmakers, editors, musicians, and artists usually do not need to be convinced of the importance of the [...]

Tattoo in the arms of copyright law – how not to end up in court because of a tattoo?
For some cultures they embody tradition and are works of art. They are elements of fashion or a way to manifest your beliefs. This is how tattoos are usually perceived. Sometimes there’s also a legal aspect to a tattoo. Lawsuits are brought more frequently to courts by tattoo artists claiming damages for copyright infringement, especially [...]

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