IP and Legal Filings

JANUARY 24, 2023

Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. The NITI Aayog in its conversation paper, 2018 suggested that the usage of AI had been increasing in all areas such as medical care, schooling and so on. [8]

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Copyright Ownership Artistic Work Intellectual Property 98

IP and Legal Filings

MARCH 9, 2022

Copyright: The copyright protection is given by Indian Law under The Copyright Act, 1957, supported through Copyright Rules, 2018. In early 2012, there has been substantial amendments to the Act, copyright protection involves dramatic, musical, any original piece of literary work including cinematography films, etc.

Ownership 97

Ownership Copyright Trademark Contracts 97

43(B)log

SEPTEMBER 1, 2021

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. Did Mandabach have valid marks? The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. False advertising/passing off: Same basic problems.

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Social Media Television False Advertising Artistic Work 93

IIPRD

SEPTEMBER 17, 2021

According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite. It is an either-or choice. Class 12 (Vehicles).

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IIPRD

MARCH 4, 2024

It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. Sardar Buksh Coffee & Co CS (COMM) 1007/2018 The post Critical Analysis on Intellectual Property Rights and its components. Case Law on Copyright in India. 2] Novartis v. Cipla, I.A.

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LexBlog IP

MARCH 27, 2023

In 2018, the District Court of Arizona ruled in favor of Jack Daniel’s, holding that VIP’s Bad Spaniels toy infringed Jack Daniel’s’ trademark and trade dress rights and that the similarity of the products was likely to cause consumer confusion as to the source of the product. Jack Daniel’s strongly disagrees.

Artistic Work 52

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IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

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LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. 1] Express Newspapers Plc v Liverpool Daily Post & Echo Plc [1985] 3 All E.R. 16, 2023), [link].

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IPilogue

SEPTEMBER 23, 2021

Section 13(2) provides one exception: where the work is done by an author-employee for their employer as part of their job and there is no contrary agreement. All this applies to cinematographic works, a species of dramatic work, as the Quebec courts recently confirmed: Choko v Munden 2021 QCCA 786 at [12], aff’ing Glasz c.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

IP and Legal Filings

JUNE 29, 2024

It usually entails review, commentary, satire, comedy, criticism over the original work. Even though Section 52 of the Copyright Act classifies any artistic work under fair use, it is imperative to note that it does not safeguard total imitation of a work. 2018) 2 SCC 1. [11] 9] Consim Info Pvt. Google India Pvt.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Facebook Twitter LinkedIn WhatsApp The post Conundrum Involving The Ownership Of The Work Created By Ai first appeared on IPLF. 1996) 38 DRJ 81 (India). [2]

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Ownership Moral Rights Public Domain Intellectual Property 90

LexBlog IP

SEPTEMBER 11, 2023

As the court recognized, the more difficult questions that will need to be addressed include how much human input is required to qualify the user as the creator of a work such that it is eligible for copyright protection. 2018)) and “celestial beings” ( Urantia Found. Slater , 888 F.3d 3d 418 (9th Cir. 3d 955 (9th Cir.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

LexBlog IP

JUNE 9, 2023

By way of brief background, in 2018 the District Court of Arizona found that consumers were likely to be confused as to the source of the BAD SPANIELS toy and ruled in favor of Jack Daniel’s. Grimaldi , the Second Circuit established a threshold test for artistic works that incorporate third party trademarks. [1]

Artistic Work 52

Artistic Work Ownership Trademark Licensing 52

The IPKat

OCTOBER 15, 2023

The Claimant launched its dining table in 2018 as part of its ‘Palais Royal’ furniture collection, which also won numerous awards. Background Both the Claimant and Respondent sold dining tables.

Art 70

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IIPRD

JUNE 13, 2024

And IPR serves to protect the creations of the human intellect, encompassing inventions, literary and artistic works, designs, symbols, as well as names and images utilized in commercial endeavors. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not.

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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] 2018 (BARBOSA, Pedro M. 37, 2018). [3] Copyright Law in accordance to the Superior Court of Justice.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 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] 6] Stuart D. Levi & Alex B. 2d 119 (2d Cir.

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SpicyIP

FEBRUARY 12, 2024

They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. 2018, 08 07). Journal of Intellectual Property Rights , 393-394.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

SEPTEMBER 13, 2023

Case C‑775/21 The UCMR–ADA is a collective management organisation that handles music copyright.

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43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IIPRD

MARCH 1, 2023

However, due to lack of knowledge about the existence of resale rights, artists and their heirs often do not contest this right in courts or ask for the necessary payments from the seller. One such artist is Tyeb Mehta, a part of the Indian Modern Movement, and a contemporary of renowned artists like M.F. Hussain and F.N.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

Technology & Marketing Law Blog

JUNE 20, 2023

Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” See Ochoa, Dr. Seuss, the Juice and Fair Use Revisited , 59 IDEA 233 (2018).) Soc’y USA 546 (1998). 1600 (1982).

Fair Use 98

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Barry Sookman

MAY 4, 2020

2018) because Naruto was not a human being. 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. In the U.S., “a 3d 418 (9th.Cir.2018) In Southco, Inc.

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