Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 113-4 IPC states that ‘A composite work shall be the property of the author who has produced it, subject to the rights of the author of the pre-existing work.’ A composite work is therefore a derivative work, i.e. simple incorporations (e.g. Koons , 960 F.2d 2d 301, 2d Cir.

Derivative Work 105

Derivative Work Copyright Law Copyright Law 105

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? Zywicki & Thomas J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? The plaintiff argued that the defendant’s mark is similar to its registered ‘ELPASO’ trademark and the defendant has not renewed the impugned mark since 2017. Click to read!

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124