IP Law 360

JUNE 10, 2024

VIP products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington. In the year since the U.S. Supreme Court's Jack Daniel's v.

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Artistic Work Trademark 40

IP and Legal Filings

AUGUST 19, 2022

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations. It is a notion held generally ‘AI can create.’ COPYRIGHT PROTECTION AND ARTIFICIAL INTELLIGENCE.

Artistic Work 52

Artistic Work Copyright Artwork Ownership 52

SpicyIP

JULY 29, 2021

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. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

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Copyright Artistic Work Copyright Law Law 126

The IPKat

APRIL 6, 2025

Case law has typically dealt with the physical destruction of tangible artistic works, such as famous murals being painted over. First, VARA can and probably should be vastly expanded to protect a wider range of artistic works.

Copyright Law 69

Copyright Law Moral Rights Law Copyright 69

The Illusion of More

OCTOBER 26, 2023

While people may continue to debate whether robots dream of electric sheep, let us please stop entertaining the notion that AIs “learn from artistic works the same way human artists learn” to make art.

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Art Artistic Work 115

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Berne Convention for the Protection of Literary and Artistic Works: This international treaty ensures protection of artistic works, meaning AI developers using global music catalogs must adhere to international copyright standards.

Copyright 52

Copyright Fair Use Music Intellectual Property 52

JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

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Non-Fungible Tokens Artistic Work IP Patent 115

JD Supra Law

AUGUST 30, 2024

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. . By: McDonnell Boehnen Hulbert & Berghoff LLP

Artistic Work 99

Artistic Work Copying 99

The IPKat

MARCH 25, 2025

Copyright and AI Eleonora Rosati reviewed the US Court of Appeal decision in A Recent Entrance to Paradise which is an artistic work that is claimed to have been entirely generated by Dr Stephen Thalers Creativity Machine. The Court awarded RMB 3.3

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Artistic Work Invention Design Designs 59

The IPKat

MARCH 11, 2025

4,(2) German Copyright Act , artistic works, including works of architecture and applied art, are protected by copyright, provided they are the authors own intellectual creation. The judges referred to the consistent case law of the Court of Justice of the EU (CJEU) to define the term work. According to Sec.

Copyright 71

Copyright Art Design Designs 71

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

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For that, first let us understand what are IP and IPR. Intellectual Property refers to any intangible asset or property originated from the human intellect. are intellectual properties owned by individuals and/or businesses.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. The label in question was designed by an employee of SK Oil Industries.

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Registration Artistic Work Copyright Registering Trademarks 98

JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

Artistic Work 98

Artistic Work Art Copyright Notice Copying 98

JD Supra Law

JUNE 27, 2023

With the increasing use of artificial intelligence (AI) in creating literary and artistic works, the U.S. Copyright Office has now addressed the issue of the copyrightability of works containing AI-generated materials.

Copyright 98

Copyright Artistic Work 98

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Section 2(c) of the Copyright Act 1957 states that a copyright covers what is referred to as an artistic work, when interpreted in relation to the protection of jewellery through intellectual property, it may be deemed that the initial artistic sketch on which the design is based will be subject to copyright protection.

Intellectual Property 98

Intellectual Property Artistic Work Design Designs 98

Garrigues Blog

MARCH 27, 2025

Firstly, it seems clear that any element that is included in a board game and meets the originality criterion, constitutes a literary or artistic work, depending on its nature. Drawings, designs, figures or characters can be classified as artistic works.

Copyright 52

Copyright Intellectual Property Artistic Work Intellectual Property Law 52

IPilogue

MARCH 14, 2023

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

Artistic Work 75

Artistic Work Trademark 75

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.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

SpicyIP

JANUARY 30, 2022

Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings?

Technology 119

Technology Artistic Work Government Copyright 119

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 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

IP Law 360

AUGUST 24, 2022

The pastor of a Texas church apologized for his congregation's decision to put on an unauthorized rendition of "Hamilton," agreeing to pay any damages to the producers of the hit musical and promising to "use this moment as a learning opportunity about protected artistic works and intellectual property."

Artistic Work 75

Artistic Work Intellectual Property Music 75

IP Law 360

JULY 7, 2022

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity.

Artistic Work 75

Artistic Work Art Copyright Plagiarism 75

IPilogue

SEPTEMBER 20, 2021

In August of 2021, India’s copyright office recognized the RAGHAV Painting App, an artificial intelligence tool, as the co-author of a copyright-protected artistic work , Suryast. However, recent developments in India may signal the emergence of a new era of protection extending beyond humans to include artificial intelligence.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

JD Supra Law

OCTOBER 25, 2024

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright law by using the artists’ work in their training data sets.

Copyright Infringement 68

Copyright Infringement Artistic Work Copyright Privacy 68

IP and Legal Filings

OCTOBER 8, 2023

It states that the following classes of works are copyrightable- Original literary, dramatic, musical and artistic works; Cinematograph films, and Sound recording The term ‘artistic work’ is defined under Section 2(c) of the Act.

Copyright 105

Copyright Artistic Work Copyright Law Art 105

SpicyIP

JANUARY 23, 2022

“the business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society” ) has to be read as an exception to the first proviso. The second proviso (i.e.

Technology 91

Technology Artistic Work Licensing Editing 91

JD Supra Law

JANUARY 25, 2024

In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van Gogh’s The Starry Night, into the RAGHAV AI Painting App, then selecting the intensity of a style filter did not constitute more (..)

Artistic Work 70

Artistic Work IP Copyright 70

IP and Legal Filings

SEPTEMBER 17, 2021

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. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

Design 97

Design Designs Artistic Work Technology 97

JD Supra Law

JANUARY 19, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Artistic Work 65

Artistic Work Intellectual Property Music Branding 65

IPilogue

JULY 27, 2022

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

Public Domain 130

Public Domain Copyright Artistic Work Registration 130

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. This ruling was based on the leading House of Lords authority on works of artistic craftmanship, George Hensher Ltd v Restawile Upholstery (Lancs) Ltd. [1]

Art 72

Art Artistic Work Copyright Law Design 72

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’. 57 of the Act.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IP and Legal Filings

MARCH 9, 2022

Under Rome Convention also, we can find that there is a specific reference made to “performance of Literary and Artistic Works.” Literary and Artistic work under the Rome Convention is referring to ‘literary and artistic work’, as it is referred to under the Berne Convention.

Copyright Law 97

Copyright Law Copyright Law Music 97

SpicyIP

SEPTEMBER 20, 2021

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. The Calcutta High Court in Sri Parvathy Saltern Private Ltd. September 13, 2021]. Ishvi Food Private Ltd.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87