IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. These creations are regarded as artistic.

Art 52

Art Copyright Artistic Work Public Domain 52

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. Subject work on which copyright registration was sought. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

Artwork 59

Artwork Registration Artistic Work Derivative Work 59

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. However, the Court ultimately dismissed August’s case because they failed to prove all the necessary elements of copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Kluwer Copyright Blog

MARCH 11, 2024

REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned. Judges of the higher courts may revert to pre-CDPA “ skill and labour ” test when determining originality of works protected by copyright.

Copyright Law 57

Copyright Law Law Copyright Intellectual Property Law 57

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

Designs 52

Designs Design Copyright Artistic Work 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. Comment This decision is an important one on a number of fronts.

Artistic Work 56

Artistic Work Design Designs Marketing 56

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Google, Inc.

Fair Use 101

Fair Use Copyright Law Copyright Law 101

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

Copyright 57

Copyright Copying Branding Design 57

IPilogue

JANUARY 20, 2022

In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. Many museums have made high-resolution images of their collections available online, including the Victoria and Albert Museum, whose online portal hit a record-high level of audience engagement in 2020. and the U.S. New York art attorney Amelia K.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. In contrast, copyright in the U.S.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

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. regarding the copyright for the film “De Dhakka.”

Cinema 97

Cinema Copyright Blogging Registration 97

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. What was copyrighted?

Copyright 52

Copyright Law Government Public Domain 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 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. Software and text-based HTML code used on websites may be protected by copyrights or patents. & Ors.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original.

Art 90

Art Design Designs Marketing 90

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. They gain from this information to create another piece of work, settling on free choices all through the cycle to figure out what the work resembles [2].

Ownership 75

Ownership Moral Rights Public Domain Intellectual Property 75

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 87

Advertising Advertising Social Media Blogging 87

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 91

Intellectual Property Litigation Trademark Artistic Work 91

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. A look to the past before planning for the future. by Tito Rendas. €

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c. Part I of the Act deals with the ownership of copyright in works. Section 13(1) provides that the author of a work is its first copyright owner.

Ownership 92

Ownership Copyright Intellectual Property Design 92

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IIPRD

SEPTEMBER 17, 2021

We know Intellectual Property offers three kinds of protection to products: Copyright. While copyright protects the originality of the expression behind the product, design preserves the overall appearance and aesthetic look of the product. COPYRIGHT OR DESIGN. But how can these Limited-Edition Products be protected? TRADEMARK.

Editing 52

Editing IP Artistic Work Design 52

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. At the same time, Domino made an application to strike out and/or summary judgment.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 1] ” In his second request for reconsideration, Thaler reiterated his arguments and suggested that public policy would support registering GenAI works.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

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). The Copyright Act is not effectively enforced, and copyrighted materials are frequently pirated.

Intellectual Property 88

Intellectual Property IP Government Invention 88

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 93

Fair Use Derivative Work Blogging Licensing 93

Kluwer Copyright Blog

MARCH 1, 2023

Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. copyright law, under the doctrine of fair use. VIP Products. In a recent case before the U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

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.

Registration 59

Registration Artistic Work Technology Patent 59

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.

Trademark 59

Trademark Invention Licensing Patent 59

IP Whiteboard

JUNE 7, 2021

Since October 2020, NBA Top Shot (an NFT marketplace created by the NBA that allows fans to buy and sell NFTs of highlight videos featuring their favourite players) has generated more than $200 million USD in sales. Digital works which are the subject of NFTs will often incorporate copyright material.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

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. This case sure did and Berlingske got the permission.

Copyright Law 87

Copyright Law Copyright Copyright Infringement Artistic Work 87

IIPRD

JUNE 8, 2024

of total exports in 2020–2021 [3]. Copyrights Acts 1957: A design cannot be registered under the Copyrights Act, 1957 if it is registered under the Designs Act, 2000. Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff. In the case of Ritika Private Limited v.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Question: is a political newsletter really artistic?

IP 94

IP Trademark Advertising Advertising 94