Kluwer Copyright Blog

JULY 20, 2022

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. The reproduction right includes the right to prevent the copying of the underlying work in any manner. The reproduction right.

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Copyright Copying Non-Fungible Tokens Copyright Law 135

SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. Image from the order.

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Moral Rights Fair Use Art Artistic Work 49

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. Any creative works are under the purview of copyright law, according to WIPO. These creations are regarded as artistic. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art.

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IP and Legal Filings

AUGUST 6, 2024

Abstract This blog provides complete information to go about the registration for copyright in a systematic manner with due incorporation of all steps required to help creators of the works of art. Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration.

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The IPKat

JANUARY 28, 2023

Those Allied and Associated Powers, which were parties to the Paris Convention on Industrial Property or the Berne Convention on Literary and Artistic Works, also suspended their obligations vis-à-vis Germany under these conventions. Second, arts. First, under art. Second, with respect to wine and spirits, art.

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The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. It also protects images, photos, videos, and other written work, such as blog posts. Making a copy of a video or audio recording.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Designs 143

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Literary Works Other than Computer Programs.

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Designs Design Copyright Copyright Infringement 105

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. In all this, Cattelan is likely right in saying that Comedian is one of the best-known works of his.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

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Designs Design Artistic Work Technology 97

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? None of it includes copies of images. The current Stable Diffusion model uses about 5 gigabytes of data.

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Derivative Work Art Copying Fair Use 111

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here.

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Copyright Law Fair Use Law Artistic Work 72

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case). Coming back to the Hermès v.

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Artwork Non-Fungible Tokens Artistic Work Brands 95

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Over time, courts began to accept that cameras and even computers can be used as tools for artistic creation.

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Artwork Blogging Art Copyright 98

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. 1] SaikōSaibansho [Sup.

Art 52

Art IP Intellectual Property Copyright 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. The art world is rife with the competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed.

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Art Artwork Social Media Marketing 52

The IPKat

OCTOBER 27, 2021

Modern copyright jurisprudence offers protection, not only to classical types of literary and artistic works such as books and movies (as an illustrious example, Denis Villeneuve’s new Dune adaption, in cinemas everywhere), but also to less inherently artistic and perhaps more mundane expressions of human creativity.

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Cease and Desist Litigation Copyright Marketing 139

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. Is it copyright infringement to copy a work and use it as a tattoo? .

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Moral Rights Copyright Artistic Work Artwork 52

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

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Work related to art or any rights which is related to literary, artistic, or scientific related matters. This is basically for literary and artistic work.

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Intellectual Property Invention Trademark Copying 98

Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. Protection of an Artistic Work–. Even if it might be difficult, ending every duplication of one’s art is not entirely impossible.

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Intellectual Property Designs Design Artwork 59

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. New Life Art, Inc., There was no requirement that the use be “necessary” to the art. Deliberate copying was irrelevant. Yet both artists won.” The Eleventh Circuit adopted Rogers v. Grimaldi, 875 F.2d 2d 994 (2d Cir.

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Artistic Work Television Trademark Trademark Law 64

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Călinescu , C-649/23. A second (revised) edition followed in 2008.

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IIPRD

MARCH 1, 2023

Drawing upon the same, the ‘Artists Rights Directive’ was implemented by the European Union in 2001, which thereby declared Re-sale rights to be “unassailable and inalienable, enjoyed by the author of an original work of graphic or plastic art.” Analysis The value of art is not constant. Artists Rights Directive.

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Artwork Intellectual Property Journalism Moral Rights 98

IP and Legal Filings

OCTOBER 19, 2022

The unawareness of parties on sale platform and freedom to set prices as one wishes may turn the high-value art to be an object for money laundering. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

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Artwork Copying Contracts Copyright 90

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. The previously copyrighted works enter the public domain, free to use and copy. where the work was still protected by copyright. In 2022, A. public domain.

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Public Domain Intellectual Property Copyright Social Media 105

Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Goldsmith , the U.S. View Fullscreen.

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Fair Use Copying Artistic Work Artwork 55

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging.

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IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Primary Violation -Primary brand violation refers to the act of factual copying of the work of the original creator.

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Copyright Brands Branding Branding 89

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. 1183 (2021). 20] The Second Circuit reiterated its previous determination that the answer here is yes.

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The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? b) the fact that the work and the alleged infringing work of applied art consist of common elements or builds on and constitutes variations of a previously known design or an ongoing design trend?

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LexBlog IP

SEPTEMBER 27, 2021

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. Copyright law does not protect useful articles per se (i.e.,

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Designs Design Copyright Artistic Work 52

LexBlog IP

FEBRUARY 26, 2024

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios. Fashion show: a work of art?

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IP Designs Design Copying 52

IP and Legal Filings

NOVEMBER 15, 2021

Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works. For one, it is relatively easy to replicate copyrighted works in cyberspace. Image Source: gettyimages].

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Copyright Infringement Business Copyright Trademark 97

Indiana Intellectual Property Law

MARCH 30, 2023

in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet. He received his B.S. A Copyright Registration was issued on December 15, 2008 under Register Number VAu 989-644.

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Copyright Infringement Copyright Artistic Work Copying 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

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’. 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.

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