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| schestowitz__ | http://ipkitten.blogspot.com/2021/02/guest-post-here-we-draw-again-never.html?showComment=1613608722252#c1619263393458157052 | Feb 18 12:50 |
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| -TechBytesBot/#techbytes-ipkitten.blogspot.com | [Guest post] Here we draw again: the never-ending debate around street art and its removal - The IPKat | Feb 18 12:50 | |
| schestowitz__ | " | Feb 18 12:50 |
| schestowitz__ | Thank you for an interesting comment on a recurring topic. The copyright law of Peru (Legislative Decree 822) has taken inspiration from the Spanish copyright law. Yet, in respect to the question of the integrity of murals and graffiti, some differences are noteworthy. | Feb 18 12:50 |
| schestowitz__ | A first difference is that the Peruvian law’s provision on integrity does not include the proviso about a prejudice to the author’s reputation or honor (following the Berne Convention). However, this condition is to some extent reflected in Andean Decision 351 which is directly applicable in Peru. Decision 351 confines the integrity provision to acts that are derogatory to the work or to the author’s reputation (there is no | Feb 18 12:50 |
| schestowitz__ | reference to ‘honor’). A second difference is that the integrity provision in the Peruvian law was recently amended to include the act of (total) ‘destruction’ of the work. This is not mentioned in the Berne Convention or in the Spanish law, although some would argue that it is implied because ‘destruction’ of a work would be an extreme form of ‘mutilation’. (I would tend to disagree, as a total destruction of a work | Feb 18 12:50 |
| schestowitz__ | also destroys any link between the author and the work. The right to integrity only makes sense if the reputation or honor of the artist is affected. This would only (or mainly) occur if the author’s identity remains associated with a modified work, which would not be the case if the work totally disappeared.) | Feb 18 12:50 |
| schestowitz__ | In the case of Peru, the domestic provision on integrity provides broader protection than Decision 351 and the Berne Convention. It is argued that this is not a breach of treaty obligations as “plus-type” provisions are accepted by TRIPS and Decision 351. | Feb 18 12:50 |
| schestowitz__ | Another issue is the interface between private property rights and copyright. The memorable case of Banksy’s shredded painting brings forth the issue. Can someone buy a work of art and then dispose of his property by destroying it? Could the artist object to such destruction? What about a mural painted on a wall that is someone else’s private property? Failing some sort of agreement between artist and the proprietor of the wall ( | Feb 18 12:50 |
| schestowitz__ | or a law to protect local cultural expressions), could the proprietor whitewash or demolish his wall? If we answered this in the negative, would we be admitting that a muralist could effectively ‘expropriate’ a wall merely by painting a mural on it (even if he was fined or otherwise punished for “damaging” private property)? In a related area, Peruvian copyright law does not allow an architect to object to the destruction or | Feb 18 12:50 |
| schestowitz__ | modification of a building (architectural work) that was designed by him. All he could do is ‘repudiate’ authorship of the modified building and request that his name to be dissociated from it. | Feb 18 12:50 |
| schestowitz__ | " | Feb 18 12:50 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/02/five-considerations-for-transposition.html?showComment=1613600200007#c2266486617480318395 | Feb 18 12:50 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Five considerations for the transposition and application of Article 17 of the DSM Directive - The IPKat | Feb 18 12:50 | |
| schestowitz__ | " | Feb 18 12:50 |
| schestowitz__ | "(...) as a final note, the challenge launched by Poland to Article 17 before the CJEU reflects some substantial and important concerns. These, however, relate to the application of the provision, not its very existence." | Feb 18 12:50 |
| schestowitz__ | Well, the Application by Poland contains a plea that: "In the alternative, should the Court find that the contested provisions cannot be deleted from Article 17 of Directive (EU) 2019/790 without substantively changing the rules contained in the remaining provisions of that article, the Republic of Poland claims that >>>the Court should annul Article 17 of Directive (EU) 2019/790 in its entirety.<<<" | Feb 18 12:50 |
| schestowitz__ | http://curia.europa.eu/juris/document/document.jsf?text=&docid=216823&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=312226 | Feb 18 12:50 |
| -TechBytesBot/#techbytes-curia.europa.eu | CURIA - Documents | Feb 18 12:50 | |
| schestowitz__ | " | Feb 18 12:50 |
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