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.

Artistic Work 124

Artistic Work Branding Brands Branding 124

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.

Copyright 124

Copyright Artistic Work Copyright Law Law 124

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 137

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. In India, this protection is given by the Copyright Act, 1957.

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Copyright Artistic Work Registration Music 98

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 97

Copyright Copyright Law Technology Artistic Work 97

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.

Designs 94

Designs Design Artistic Work Technology 94

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 105

Garrigues Blog

APRIL 16, 2024

One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). Consequently, works applied to practical products were not protected under criminal law.

Art 59

Art Artistic Work Law Designs 59

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 133

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. Consider the case of France, the first Member State to implement Article 15. Image by Pexels via Pixabay. 163), then all the more so with limitations.

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Publishing Intellectual Property Law Intellectual Property Related Rights 52

IP and Legal Filings

OCTOBER 12, 2022

Copyright protection is extendable to any artistic work that is original and is creative. Section 2(c) of the Copyright Act defines what “artistic work” is. This “artistic work” includes any drawing regardless of whether it possesses any artistic quality, and also includes any other works of artistic craftsmanship.

Designs 52

Designs Design Copyright Artistic Work 52

Plagiarism Today

AUGUST 2, 2022

For almost as long as the blockchain has existed, supporters and advocates of it have claimed it would revolutionize the way we consume art, handle copyright disputes and earn revenue from artistic works. To put it mildly, those promises have not come to fruition.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

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.

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Copyright Infringement Copyright Art Artistic Work 143

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 105

Designs Design Copyright Copyright Infringement 105

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 94

Copyright Law Copyright Law Music 94

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.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

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 102

Non-Fungible Tokens Art Trademark Branding 102

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 96

Ownership Copyright Intellectual Property Law Government 96

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

APRIL 24, 2023

Under the previous law, the Design registration was granted only for the visual appearance of an article which included shape, configuration pattern, and ornamentation whether in 2 or 3 dimensions. Designs are registered in different classes as per the Locarno Agreement. Landmark Judgments Crocs Inc. Bata India Ltd.

Designs 94

Designs Design Registration Law 94

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 59

Music Artistic Work Copyright Infringement Copyright 59

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

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

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.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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

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

Kluwer Copyright Blog

FEBRUARY 8, 2023

There is no specific legal basis tackling copyright, meaning that EU copyright law-making has not been based on copyright-related reasoning, but instead on the goal of establishing an internal market as per Article 114 TFEU. However, the Union’s cultural competences, which can be found in Article 167 TFEU , are solely coordinative.

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Marketing Marketing Copyright Copyright Law 108

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.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Intepat

DECEMBER 12, 2024

This article explores the scope of copyright protection for GUIs, the role of design patents, how copyright law applies to both artistic and functional elements, and how different jurisdictions approach GUI protection. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

Copyright 52

Copyright Artistic Work Design Patent Designs 52

Velocity of Content

NOVEMBER 25, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

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. However, they never formally withdrew from either of the conventions. First, under art.

Art 130

Art IP Intellectual Property Artistic Work 130

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

Kluwer Copyright Blog

AUGUST 29, 2024

This was on the basis that the control panel itself could not be considered an “artistic work”. That means we finally might have clarity in the UK on whether a work that is a 3D work, has to be an ‘artistic work’ in order for copyright to be enforced; in other words: does the Cofemel approach apply in the UK or not?

Artistic Work 45

Artistic Work Designs Design Copyright Infringement 45

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. Multiple pieces of copyright material may exist in a single digital work. The newly minted NFT is created by the marketplace and stored in your wallet.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 96

Privacy Law Intellectual Property Music 96

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 76

Contracts Artistic Work Copyright Copyright Law 76

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."

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Artistic Work Invention Copyright Licensing 62