IP and Legal Filings

JULY 13, 2022

Till now, this article has focused on the ambit of copyright protection in a relatively generic manner. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. In the case of Indian Express Newspaper (Bombay) Pvt Ltd v.

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Copyright Artistic Work Designs Design 70

IP Watchdog

APRIL 5, 2024

This week in Other Barks and Bites: Judge Pauline Newman responds in district court challenge to her suspension; Over 200 musical artists sign letter imploring tech companies to stop using AI to devalue artists’ work; a California district court denies a motion from tech giants, including Google and Apple, that sought to challenge USPTO IPR rule; and (..)

Music 57

Music Artistic Work Copyright Infringement Copyright 57

IP Watchdog

JANUARY 22, 2023

On January 18, a series of 16 amicus briefs were filed with the Supreme Court, the vast majority of which urged the nation’s highest court to reverse the Ninth Circuit’s ruling and limit the application of the Rogers test to clearly artistic works and exclude consumer products that happened to have some humorous expression.

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Artistic Work Branding Brands Branding 122

The IPKat

FEBRUARY 17, 2022

According to Ricketson , it was clearly understood that this was also a requirement for the purposes of protection under the Convention, and inherent in the phrase ‘literary and artistic works’ in Article 2.

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Copyright Artistic Work Copyright Law Contracts 145

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

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Copyright Artistic Work Copyright Law Art 100

The IPKat

JANUARY 17, 2024

All this, of course, does not imply that a faithful reproduction is protectable: for example, in line with Article 14 of the DSM Directive , a simple (verbatim) reproduction of a work is not going to be considered sufficiently original and, thus, eligible for copyright protection. See here , here , here , here.

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Derivative Work Editing Copyright Music 136

The IPKat

AUGUST 29, 2022

The expert's report identified such uses together with the opinion that portraying and offering for sale Cem Karaca’s look as an NFT for commercial purposes constitute infringement within the scope of Article 86 of LAIW and Article 24 of TCC.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

IPilogue

FEBRUARY 2, 2023

This article was written as a requirement for Prof. If you’re a fan of Hip-Hop music, you might just find your favourite artist fighting to protect themselves from their own lyrics. Mona Karimi is a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s IP Intensive Program.

Music 111

Music Law IP Artistic Work 111

Intepat

OCTOBER 7, 2022

a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or. an article made with artistic skill. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.”

Art 52

Art Copyright Artistic Work Moral Rights 52

IP Watchdog

NOVEMBER 3, 2021

Copyright law protects artistic works. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work? That includes literary pieces like novels, poems and other literary pieces.

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Copyright Artistic Work Copyright Law Law 122

Intepat

OCTOBER 7, 2022

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. an article made with artistic skill. Protection of an Artistic Work–. DESIGNS ACT, 2000.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

APRIL 8, 2024

Thus far, since UPC Court of Appeal has mainly been dealing with procedural questions, it has taken the position that it would be composed of only three Legally Qualified Judges (LQJs) - even though Article 9(1) UPCA provides that "Any panel of the Court of Appeal shall sit in a multinational composition of five judges."

Artistic Work 60

Artistic Work Invention Copyright Licensing 60

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Copyright is basically the legal protection given to any creator of an original literary or artistic work. Conclusion.

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Copyright Law Copyright Law Social Media 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Simply put, the titles are not being used as trademarks to identify and distinguish the source of the artistic works.

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Artistic Work Television Trademark Trademark Law 62

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

OCTOBER 23, 2021

Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Technology and copyright law.

Copyright 80

Copyright Copyright Law Technology Artistic Work 80

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. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

SEPTEMBER 17, 2021

More specifically, in India, the design act, 2000 protects designs that feature shapes, patterns, ornaments, or compositions of lines or colors applied to any article in two or three-dimensional forms. Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years.

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Designs Design Artistic Work Technology 75

IP and Legal Filings

MAY 24, 2024

This article shall attempt to analyse the verdict in the Hermès case and highlight other legal developments around the world that furnish valuable insights on the intersection of trademark protection and works of artistic expression.

Non-Fungible Tokens 82

Non-Fungible Tokens Art Trademark Branding 82

The IPKat

APRIL 25, 2024

Does UK copyright law protection extend to computer-generated works which are not original? Ordinarily, for a literary, dramatic, musical or artistic work to be protected under the CDPA it must be original. Traditionally, the English Courts applied a test of ‘sufficient skill, labour or effort’ to determine originality.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

Designs 93

Designs Design Copyright Copyright Infringement 93

LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In yet another case Shenzhen Tencent Computer System Co. v Shanghai Yingxun Technology Co.

Social Media 52

Social Media Artistic Work Copyright Technology 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g., paintings, photographs, sculptures), musical works, cinematographic films, sound recordings, computer programs, and many more.

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Registration Copyright Artistic Work Ownership 52

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Photographic works. . Photo by Soragrit Wongsa on Unsplash.

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Copyright Related Rights Artistic Work Public Domain 55

SpicyIP

DECEMBER 15, 2023

These all reveals that AI generated works are outcomes of the programmed algorithms based on prompt, tokens and highest maximum likelihood. The above articles shows that technically AI generated works are software outcomes and their creative aspect relies on maximizing the likelihood of the prompt with pixel, text, byte etc.

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Copyright Artistic Work Copyright Law Music 49

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.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

The IPKat

NOVEMBER 20, 2022

Artistic works?) Source: britishmuseum.org The article begins with a reflection of the copyright and related issues arising from the repatriation of the looted Benin bronzes from both national and international perspectives. Traditional cultural expressions? and the implications of any preferred classification.

Ownership 122

Ownership Copyright Intellectual Property Law Government 122

IIPRD

JUNE 14, 2021

The article attempts to conclude that the fashion business is an IP-intensive industry, constantly producing and industrially misusing inventive thoughts and advancement. Industrial design is the ornamental or aesthetic aspect of an article and is considered one of the most important aspects for the growth of a product.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

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Copyright Moral Rights Copying Publishing 132

IP and Legal Filings

MARCH 9, 2022

This article shall first attempt to analyze if performance under the Indian Copyright Act requires any pre-existing work, and if it does not, would the singer be able to claim authorship over his or her impromptu and unfixed music and lyrics.

Copyright Law 75

Copyright Law Copyright Law Music 75

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. There may be a situation where the work ceases to be protected in the country of origin.

Contracts 52

Contracts Artistic Work Fair Use Licensing 52

IPilogue

FEBRUARY 4, 2022

For a literary, musical, or artistic work to be eligible for copyright protection under Section (1) (2) of the Act , adequate effort must have been expended on the work to give it an original character. . . . CONCLUSION. Copyright protects the expression of ideas and not the ideas themselves.

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Copyright Infringement Copyright Copying Artistic Work 106

IP and Legal Filings

OCTOBER 11, 2022

This particular article will be focused on protection through the course of the Copyright Act and Trademark Act. Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Sound recordings.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

The IPKat

DECEMBER 30, 2021

In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

Intellectual Property 60

Intellectual Property Artistic Work Designs Design 60

Velocity of Content

JUNE 15, 2023

This article originally appeared in The Scholarly Kitchen. “If 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.”

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Fair Use Licensing Artistic Work Copyright 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme. This does not amount to infringement of a copyright.

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Fair Use Copyright Law Copyright Law 52