IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

The IPKat

JUNE 12, 2024

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(3) CDR makes an exception from Art. 8(2) CDR ). 8(2) CDR ).

Designs 64

Designs Design Art Law 64

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

Intepat

DECEMBER 18, 2024

However, if Podcaster B uses Podcaster As original script, sound design, or other creative elements, this could be considered copyright infringement under Section 51 of the Copyright Act, which grants exclusive rights to the author of a work and prohibits its unauthorized use. Acuff-Rose Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. and Klebsiella sp.,

Art 52

Art Patent Public Domain Invention 52

Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

Art 52

Art Patent Invention Patent Application 52

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. 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. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

Art 52

Art Copyright Artistic Work Public Domain 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. The court however, ruled this as a hindsight approach and instead emphasized that the subject invention is an improvement to the combination of prior art. Case: Sirona Hygiene Pvt.

Designs 105

Designs Design Cease and Desist Art 105

Copyright Lately

FEBRUARY 17, 2025

Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. Highly fact-specific. Narrowly decided.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Velocity of Content

DECEMBER 19, 2023

paintings, drawings, carvings, photographs, clothing designs, textiles) Architectural works (e.g., the art of imitating or acting out situations, and the composition of dance movements and patterns, including those accompanied by music) Dramatic works and accompanying music (e.g., Here is a breakdown of where U.S.

Copyright 98

Copyright Music Public Domain Television 98

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 78

Moral Rights Database Right Designs Design 78

IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. Copyright Office (AI-Generated Art) In 2023, Dr. Stephen Thaler, the author of an AI system named “Creativity Machine,” applied for a copyright for an art piece produced by the AI.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The public domain. You're correct that Louise Brooks publicity photos are probably public domain. What to do?

Public Domain 52

Public Domain Graphic Design Art Trademark 52

The IPKat

FEBRUARY 8, 2024

Ruling on whether copyright would subsist in certain graphic user interfaces (GUIs), Lord Justice Arnold pointed out that section 1(1)(a) of the UK Copyright, Designs, and Patents Act must be interpreted in accordance with Article 2(a) of the EU InfoSoc Directive.

Copyright 78

Copyright Art Intellectual Property Law Public Domain 78

The IPKat

MAY 3, 2022

Adidas and Prada recently launched Adidas : Prada, Re-Source , a collaborative NFT art project. Pictures in the lower middle are in the public domain. Brands are taking advantage of the increased consumer engagement by launching projects such as Nike’s Nikeland and Balenciaga’s ‘ Afterworld ’.

Non-Fungible Tokens 100

Non-Fungible Tokens Branding Branding Brands 100

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. Firstly, the amendment 399 to Art.

Copyright 125

Copyright Art Copyright Law Licensing 125

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 64

Reporting Copyright Public Domain Law 64

Kluwer Copyright Blog

JUNE 1, 2023

In this regard, a clear reflection on the preservation and legal protection of the public domain against undue appropriations seems necessary. The ECS believes the time is now ripe to prepare initiatives to realize this ambition (following the ambition of EU trade marks, EU designs, and unitary patents) based on Article 118 TFEU.

Copyright Law 116

Copyright Law Copyright Law Art 116

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast. But this does not mean use without restriction.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir. Bonito Boats.

Patent Law 91

Patent Law Law Patent Invention 91

Kluwer Copyright Blog

FEBRUARY 8, 2023

In many computational creativity projects in the fields of art , journalism and music , the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point. Consequently, it is not clear whether copyright protection would still subsist in many of these newly emerged works.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

Patently-O

AUGUST 18, 2023

In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain. says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain. says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

Velocity of Content

JUNE 11, 2024

With over three decades of experience in teaching and school administration, Kimberly brings a deep understanding of curriculum design and implementation. They guide educators in designing instruction and fostering essential language skills like reading comprehension, writing proficiency, and communication.

Licensing 97

Licensing Copyright Public Domain Blogging 97

Velocity of Content

JUNE 8, 2022

And the 1911 content reused in these works may actually be in the public domain already. By way of conclusion, I see a number of potential lessons to be drawn from the Case of ‘Peter Pan and the Complex Copyrights.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Public Domain. Creative Industries. 17 of the CDSM Directive.

Copyright 52

Copyright Public Domain Marketing Marketing 52

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Greenspoon Marder LLP

MARCH 27, 2018

A well-known street artist known as Rime has filed lawsuits against prominent designers Vince Camuto and Moschino, both which ended in settlements. Rime’s dispute with Vince Camuto centered around the designer’s use of four different murals in an ad campaign.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

LexBlog IP

AUGUST 22, 2022

REXA argued that Chester and MEA’s actuator incorporated and disclosed confidential designs contained within the prototype Koso developed in 2002. The district court granted summary judgment in favor of Chester and MEA. REXA appealed. ” Id.

Patent Application 52

Patent Application Public Domain Designs Design 52

IP and Legal Filings

JUNE 27, 2022

Predominantly, IPRs have been categorized as- Patents, Trademarks, Copyrights, Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Section 2(1)(l) determines non-anticipation of any publication in any document in public domain.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

Intepat

MAY 4, 2023

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Parallelly, competition law works in tandem and “protects competition, not competitors.”

Law 52

Law Patent Settlement Inventor 52