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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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 124

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 108

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

IP and Legal Filings

JULY 13, 2022

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 this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

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Copyright Artistic Work Designs Design 95

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.

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Art Artistic Work 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.

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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.

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Intellectual Property Artistic Work Designs Design 98

IP and Legal Filings

FEBRUARY 16, 2025

Types of Works Eligible for Copyright Registration Under the Copyright Act, 1957 , a wide range of works are eligible for registration, including: Literary Works : Books, articles, research papers, computer programs, and more. Musical Works : Compositions, songs, and music scores. For Cinematographic Films : 5000.

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Registration Copyright Ownership Artistic Work 52

Intellectual Property Office Blog

OCTOBER 15, 2021

Whether you mark the work or not doesn’t affect the level of protection you have. Photographs will generally be protected by copyright as artistic works. This is because copyright in artistic works including digitised works must be original and reflect the author’s ‘own intellectual creation’.

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Artistic Work Intellectual Property Social Media Copying 112

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.

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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.

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Artistic Work Trademark 75

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?

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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.

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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

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.

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Copyright Infringement Artistic Work Copyright Privacy 68

IP and Legal Filings

FEBRUARY 17, 2025

Image Sources: Shutterstock] Copyright- The Copyright Act provides for registration of original literary dramatic, musical and artistic works, including cinematography and sound recordings. These provisions are in place to ensure that the rights of an owner are not infringed and disputes are avoided.

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Intellectual Property Law Intellectual Property Law IP 90

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.

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Copyright Artistic Work Copyright Law Art 105

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. HOW LONG DOES COPYRIGHT LAST FOR? . ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

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Copyright Artistic Work Registration Music 98

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.

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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 (..)

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Artistic Work IP Copyright 70

The IPKat

APRIL 4, 2024

The CAB contains stipulations that will ensure equitable remuneration and fair share in royalties for creators of literary, musical and artistic works as well as performers of audio-visual works (clauses 5, 7, 8 and 9 of the CAB). Indeed, the CAB lives up to its core objectives as set out in its long title.

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Copyright Music Artistic Work Contracts 132

Intepat

MARCH 13, 2025

COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.

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IP Design Designs Artistic Work 52

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.

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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.

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Artistic Work Intellectual Property Music Branding 65

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.

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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.

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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

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 (..)

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Music Artistic Work Copyright Infringement Copyright 59

IPilogue

NOVEMBER 24, 2022

A look at streaming giant Spotify’s recent significant copyright battles provides some insight into the issue of compensation for artists’ work on online streaming platforms. Spotify has encountered its fair share of copyright infringement lawsuits filed by music artists, record labels, and publishers.

Copyright Infringement 124

Copyright Infringement Music Copyright Law 124

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Copyright A Copyright is a right enjoyed by the author of a work in fields of literary, music, artistic, musical, dramatic, cinematography, sound and such works of literary, scientific, and artistic nature. However, it does not include ideas, steps or processes.

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Intellectual Property Invention Registration Trademark 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Artistic Work Television Trademark Trademark Law 64

SpicyIP

SEPTEMBER 11, 2023

The picture would hopefully get clearer as and when some tangible actions take place since cultural heritage has complex branches like cultural expressions, architecture, artistic works, traditional knowledge, indigenous techniques, trade secrets et al with each having different requirements.

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Artistic Work Technology Government IP 104

IP and Legal Filings

AUGUST 6, 2024

In India, copyright protection automatically exists by the mere act of creating a work hence no need for registration of the work to enforce copyright or seek legal redress when infringed. Copyright protection under these agreements arises immediately when a work is created.

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Registration Copyright Intellectual Property Artistic Work 111

JD Supra Law

JUNE 24, 2024

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may soon introduce a new act called the NO FAKES Act to protect artists against unauthorized digital replicas.

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Reporting Artistic Work Music 54

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.

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Art Artistic Work Law Designs 59