The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera.

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Copyright Infringement Copyright Art Artistic Work 143

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020. Vedika is a third-year B.A.LL.B.

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IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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. But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021. Did Mandabach have valid marks?

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Social Media Television False Advertising Artistic Work 93

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MARCH 9, 2025

Though he applied in 1992, registration was granted only in 2020. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978. Citing Jaisuryas Retail Ventures v. Chotiwala Food And Hotels Private vs Chotiwala & Ors. Vennootschap (Sr.

Trademark 59

Trademark Patent Copyright Patent Application 59

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.

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Editing IP Artistic Work Design 52

The IPKat

JUNE 2, 2023

Sculpted by Edvard Eriksen, the statue was ‘re-elaborated’ twice by newspaper Berlingske: one version depicting her with a zombie face during the 2019 election campaign, and the other with a facemask in the midst of the COVID-19 pandemic in 2020.

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Copyright Law Copyright Copyright Infringement Artistic Work 88

IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc.

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Copyright Law Copyright Law Social Media 98

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization. iv] Sameer Wadekar & Anr.

Intellectual Property 96

Intellectual Property IP Government Invention 96

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract.

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Contracts Music Copyright Copyright Infringement 96

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. The statutory exception for depicting people in literary and artistic works doesn’t apply to the associated ads (?). I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more.

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Advertising Advertising Social Media Blogging 111

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

The IPKat

AUGUST 30, 2024

The First Defendant, UK Innovations Group Limited (UKIG), was set up in 2020 to launch a product known as the “Stone Cooker”, a range cooker with an electric control system (eControl System) developed by the Second Defendant, Mr McGinley.

Artistic Work 59

Artistic Work Designs Design Marketing 59

SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.”

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Kluwer Copyright Blog

JUNE 30, 2021

In 2020 the District Court agreed with the defendants that the use of the song in the documentary was fair use and hence granted the motion to dismiss. The defendants in response moved under Federal Rule 12(b)(6) to dismiss the plaintiffs’ claims, contending that their use of the song in the documentary was fair use under 17 U.S.C. §

Fair Use 105

Fair Use Copyright Law Copyright Law 105

LexBlog IP

MAY 18, 2022

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 Artistic Works (“Berne Convention”) for 25 years in China. For comparison, U.S.

Design 40

Design Designs Copyright Artistic Work 40

Intellectual Property Law Blog

JUNE 16, 2023

The Supreme Court recounted the facts and reasoning underlying Rogers that “the titles of ‘artistic works,’ like the works themselves, have an ‘expressive element’ implicating ‘First Amendment values.’ [11] 3d, 1170, 1175-1176 (2020). [18] 1125(c)(3)(A). 1669, 1683-1684 n.58 58 (2007)). [14] 14] 599 U.S. 2023) (slip op.,

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. Ameya Vinod Khopkar Entertainment, 2020 SCC OnLine Bom 11301 [9] Rakshana.

Cinema 98

Cinema Copyright Blogging Registration 98

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. Appropriating such work would be illegal. right to copyright will exist.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

LexBlog IP

MARCH 27, 2023

There the Second Circuit held that “section 43(a) of the Lanham Act does not bar a minimally relevant use of a celebrity’s name in the title of an artistic work where the title does not explicitly denote authorship, sponsorship, or endorsement by the celebrity or explicitly mislead as to content.” Grimaldi , 875 F.2d

Artistic Work 52

Artistic Work Designs Design Trademark 52

IPilogue

SEPTEMBER 23, 2021

15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. To call the result a stalemate would stultify the point of having presumptions at all and would anyway probably be contrary to art. 5 reads:

Ownership 92

Ownership Copyright Intellectual Property Designs 92

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

The IPKat

MARCH 25, 2022

On 30 July 2020, DC filed a Notice of Opposition and Statement of Grounds. A key issue identified by the Hearing Officer was the use of WONDER WOMAN as a trade mark and the comparisons that could be drawn between it being used as the title of an artistic work.

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Artistic Work Registration Law IP 94

The IPKat

OCTOBER 15, 2023

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

Art 70

Art Design Designs Marketing 70

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 64

Copyright Copying Designs Design 64

SpicyIP

DECEMBER 4, 2023

Image from here SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020.

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Registration Artistic Work Technology Patent 59

Kluwer Copyright Blog

MARCH 1, 2023

If heightened First Amendment protections are not put in place, the threat of costly legal proceedings may cause creators to avoid the use of trademarks in their artistic works. In 2020, the American Intellectual Property Law Association reported that the median cost of trademark litigation in the U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kluwer Copyright Blog

MARCH 11, 2024

Artistic craftsmanship As discussed above, copyright protection in the UK covers only a restrictive list of works. Originality alone is not enough and what constitutes “ artistic craftsmanship ” is still somewhat unclear, as case law interpretation varies.

Copyright Law 64

Copyright Law Law Copyright Intellectual Property Law 64

LexBlog IP

SEPTEMBER 11, 2023

1] Refusal of First Request for Reconsideration from USCO to Ryan Abbott [Thaler’s attorney] at 1-2 (March 30, 2020). [2] Kristen Maaherra , 114 F.3d 3d 955 (9th Cir. Future cases will undoubtedly question the amount of human involvement necessary for copyrightability versus machine involvement in this Gen AI era. [1] 1873 (1974).

Copyright Law 52

Copyright Law Copyright Technology Registration 52

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Nike itself had taken the initiative to work with StockX primarily due to its faith in the verification process of StockX.

Trademark 52

Trademark Ownership Branding Brands 52

IP Whiteboard

JULY 19, 2020

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection.

Copyright 52

Copyright Law Government Public Domain 52

IIPRD

JUNE 8, 2024

of total exports in 2020–2021 [3]. Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff. Mr. Tharun and his company designed and produced a minimum of twenty models with distinctive designs and creative work that was either printed or stitched onto the fabric.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

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Trademark Invention Licensing Patent 59