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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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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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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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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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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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.

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IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Section 2(c) of the Copyright Act defines what “artistic work” is.

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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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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.

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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. Any member of public can take inspection of the records and obtain a certified copy of the entry. Landmark Judgments Crocs Inc.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. 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.

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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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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.

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Copyright Artistic Work Design Patent Design 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. Deliberate copying was irrelevant. Yet both artists won.” It is so satisfying to see a court understand this.

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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.

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

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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.

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Design Designs Copyright Artistic Work 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?

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Copyright Lately

JANUARY 23, 2023

Over the past week, the plaintiffs’ lawsuit has been the subject of thousands of articles which have largely parroted the complaint’s key talking point: that AI image generators are nothing more than “ a 21st-century collage tool that remixes the copyright works of millions of artists whose work was used as training data.”

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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.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use. Publicity Rights.

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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.

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Contracts Artistic Work Copyright Copyright Law 76

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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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. However, this results in a “chain of replication” of copyrighted work. Image Source: gettyimages].

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Copyright Infringement Business Copyright Trademark 95

IIPRD

MARCH 1, 2023

Legal framework in India Re-sale rights find a fundamental backing in the Berne convention which even prescribes post-mortem resale rights to artists over their works. For the sake of this section, it is imperative for the artists to be the original author of the artwork under section 17 of the Act. Artists Rights Directive.

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Artwork Intellectual Property Journalism Copyright 98

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. Non-original photographs enjoy protection that is substantially identical to that provided to original photographic works.

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The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

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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’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

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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. In addition, courts support transformative or non-mirror image copying purposes.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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The IPKat

AUGUST 30, 2024

In its judgment, the interests of AGA as a trade mark proprietor outweighed the interests of people (such as UKIG) dealing with the cookers in the aftermarket.

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Kluwer Copyright Blog

AUGUST 18, 2024

Publishers have reacted by adjusting their copyright policies in such a way that open access can only be achieved by paying extra (an article processing charge – APC), which authors and universities can’t afford, and research funders are reluctant to pay as they would rather use the money to support (more) research.

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IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. In another case, that is Castrol India Limited &Ors. Iqbal Singh Chawla&Ors. ,

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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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IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization.

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IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Article 39.2

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Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Figure 2, slip op.

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