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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 copyright laws. Of note, in DRG Inc.
Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties. When it comes to songs, copyright gets pretty interesting.
Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. So, what was the work registered under Copyright #102327 on June 9, 1953.? We may never know.
If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and ArtisticWorks (“Berne Convention”) for 25 years in China. For comparison, U.S. Like in the U.S.,
Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). IP includes any creation of the mind, including inventions, literary and artisticworks, symbols, names, images, and designs, and various forms of IP protection cover these different categories.
The issue of copyright protection for computer generated works has also arisen in a number of Commonwealth decisions. 2010] FCAFC 149 (15 December 2010) involved the protection of Telstra’s white papers and yellow pages directories. The Australian case, Telstra Corporation Limited v. Phone Directories Company Pty Ltd.,
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