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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n

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Many ways to skin a cat (Pt 2): South Africa’s Constitutional Court upholds the declaration on the unconstitutionality of parts of the Copyright Act

The IPKat

While the High Court’s decision essentially incorporated the new proposed section 19D contemplated by clause 20 of the Copyright Amendment Bill [B 13B-2017] into the Copyright Act, the ConCourt only addressed access to “published literary works, and artistic works as may be included in such literary works, in accessible format copies”. [Is

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Design Protection: Don’t Sleep on Copyrights

LexBlog IP

Ct 1002, 1007 (2017). Although the copyright protection afforded to this design is a thin one that will protect its owner from only “virtually identical” copying, such a right is still highly valuable to many companies in the furniture, housewares, and other industrial design spaces. ” Star Athletica, LLC v.

Design 52
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Parody under the Copyright Law

IP and Legal Filings

This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.

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Protection of Nonfungible Tokens in Thailand

IP and Legal Filings

Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. Apart from the copyright of an NFT’s underlying work, NFTs are also subject to property rights as stipulated under Section 37 of the Constitution of Thailand B.E. 2537 (1994). Conclusion.

Artwork 71
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When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. Călinescu , it will be required to tackle the question of what makes a derivative work protectable and what ‘freedom’ and ‘creativity, both cumulative requirements under the EU originality test, mean in this context.

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The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

The status of the right to privacy as a fundamental right was established with the Puttaswamy judgment in the year 2017 [2] , due to which the development of the right to publicity as an aspect of the right to privacy in India is at the nascent stage. It usually entails review, commentary, satire, comedy, criticism over the original work.