Kluwer Copyright Blog

AUGUST 7, 2023

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] Cambridge: The Belknap Press of Harvard University Press , 2003, p. 37, 2018). [3] 3] LANDES, William M.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IIPRD

AUGUST 11, 2023

According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Leo Burnett (India) Private Limited (2003) 27 PTC 81 The post IP Issues in The World of Japanese Sequential Art – Manga first appeared on IIPRD. Napster, Inc., 4] Star India v.

Art 52

Art IP Intellectual Property Copyright 52

IIPRD

OCTOBER 17, 2022

There are no precedents through which trademark issues could be discussed, but an online platform named Second life appeared in 2003 was a pioneer of metaverse technology and its fast development brought numerous intellectual property issues. This right is given to literary and artistic work like music, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

AUGUST 12, 2024

The International Intellectual Property Rights Conventions, such as the Paris Convention for the Protection of Industrial Property, (1883), and the Berne Convention for the Protection of Literary & Artistic Works (1886) facilitate cooperation among the nations, promote innovation, and protect creators’ rights globally.

Intellectual Property 52

Intellectual Property Marketing Marketing Brands 52

IIPRD

JANUARY 29, 2023

The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. To identify such fictional works, we generally rely upon two tests Character Delineation Test [10] and Story being told Test. [11] 10] Nichols v Universal Pictures Co, 45 F.2d

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

The Warhol Foundation argues that what it calls the Second Circuit’s “visual similarity” approach—which focuses on assessing the visual similarities between the two works to the exclusion of assessing their respective meanings or messages—conflicts with the Supreme Court’s instructions in Google and Campbell v. 24] Prince. N*E*W* S [Album].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IPilogue

SEPTEMBER 23, 2021

1)(b) presumes that the film’s “maker” is the copyright owner of the “work” unless the contrary is proved: see Interbox Promotion Corp v 9012-4314 Québec Inc 2003 FC 1254 at [24]-[6]; CBC v Conservative Party of Canada 2021 FC 425 at [32]; Bell Canada v L3D Distributing Inc 2021 FC 832 at [47]. The relevant part of s. 5 reads: .

Ownership 92

Ownership Copyright Intellectual Property Designs 92

Barry Sookman

MAY 4, 2020

According to the court, which relied on the Australia Telstra decision, the data was protected as an original literary and artistic work: Clearly a human author is required to create an original work for copyright purposes. SODRAC 2003 Inc., This case involved whether copyright could subsist in seismic data.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52