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These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyrightlaws.
For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It
8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyrightlaw protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyrightlaw. .; (8) copyrightlaw. For comparison, U.S.
3] Berne Convention for the Protection of Literary and ArtisticWorks, 1887 ‘The Berne Convention for the Protection of Literary and ArtisticWorks’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] 14] “Nayoga Protocol, 2010, UN Doc. Geneva, WIPO, 1984.” [3] 3; 33 I.L.M.
In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyrightlaws also provide plausible remedies for enforcing one’s right to personality. Baby Gift House, 2010 SCC OnLine Del 4790. [6] Entertainment (P) Ltd.
Nonetheless, the selection of the contents by the creating group met the requirement of creation under the copyrightlaw. The test was ultimately whether such selection and arrangement was an act of intellectual activity and whether such activity had a direct connection with the specific expression of the work.
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