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. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

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. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

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. If you don’t own the text, image, video, art, etc.,

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Intellectual Property Law Blog

OCTOBER 3, 2023

Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” Where AI alone creates a work, this point seems clear. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.”

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022).

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Fair Use Copyright Derivative Work Art 134

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Warhol and his Foundation’s claim of fair use lost. ” The license provided that the use would be for “one time” only. Andy Warhol. And Prince, the Purple One. (Or ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 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.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

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

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” So what does all of this “art stuff” mean to scholarly communications?

Fair Use 52

Fair Use Licensing Artistic Work Copyright 52

LexBlog IP

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. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. The Copyright Law contains a list of twelve acts which constitute fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

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? But before we get there, we need to ask a fundamental question: What’s a derivative work? reproduction) of images in order to train the model.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Firstly, the amendment 399 to Art.

Copyright 120

Copyright Art Copyright Law Licensing 120

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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Biswajit Sarkar Copyright Blog

NOVEMBER 19, 2021

The Berne Convention for the Protection of Literary and Artistic Works concluded in 1886 and was amended in 1979. Berne Convention Aims to protect the works and rights of the respective authors. The Convention is open to all its member States. There are 179 parties to the convention including India.

Contracts 52

Contracts Artistic Work Fair Use Licensing 52

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. 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]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

OCTOBER 3, 2023

Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” ” Where AI alone creates a work, this point seems clear.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

SpicyIP

NOVEMBER 19, 2023

Louis Vuitton Malletier & Ors that counterfeiting is a serious economic crime and has to be dealt with seriously, the Delhi High Court passed an ex-parte interim injunction order restraining the respondents from using the plaintiff’s “Court Ace” mark. St Art India Foundation & Anr.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Velocity of Content

JUNE 8, 2022

A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work” The concept is explained in layperson’s terms by the Copyright Office in its Circular 14. This is not to say that they are legally suspect.

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Derivative Work Public Domain Copyright Fair Use 105

LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Therefore, it constituted free expression protected under the First Amendment pursuant to the Second Circuit’s seminal case Rogers v. Grimaldi , 875 F.2d 2d 994 (2d Cir.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. If so, Rogers.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

JULY 29, 2021

Therefore, for the purpose of this post, I will be using the word, ‘font’ to mean both fonts and typefaces. This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. Rogers , 875 F.2d ” Id. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

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. The Metaverse comprises various technologies, each with its own IPR implications.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

OCTOBER 4, 2021

They worked together for many years but Covid disrupted the relationship as PTRA decided to move the Rose Bowl to a state that wasn’t as worried about Covid. Final comment to make before I transition to part three is about Art. Question: is a political newsletter really artistic? ASU is appealing to the Ninth Circuit.

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IP Trademark Advertising Advertising 94