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

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.

Art 95

Art Artistic Work 95

IP Law 360

MARCH 21, 2024

Bill Lee signed into law Thursday a first-of-its-kind legislation intended to tackle misuse of artificial intelligence by modifying a state law banning unauthorized copies of artists' works to cover musicians, their voices and their songs.

Artistic Work 52

Artistic Work Law Copying 52

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

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 69

Artistic Work IP Copyright 69

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 64

Artistic Work Intellectual Property Music Branding 64

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 Law 360

JANUARY 17, 2024

A recently introduced bill in Tennessee would modify the state's laws banning unauthorized copies of artists' works to cover musicians, their voices and their songs.

Artistic Work 52

Artistic Work Law Copying 52

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

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.

Non-Fungible Tokens 114

Non-Fungible Tokens Artistic Work IP Patent 114

LexBlog IP

JANUARY 28, 2024

It is something that is often overlooked however it is considered best practice to add a copyright statement and the little c symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns.

Copyright 52

Copyright Artistic Work Publishing Business 52

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

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

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.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

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

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.

Registration 98

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.

Art 98

Art Artistic Work Copyright Notice Copying 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.

Copyright 68

Copyright Artistic Work Designs Design 68

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

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

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

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

JD Supra Law

JUNE 29, 2023

In so doing, the Court made it clear that the “Rogers Test,” a standard developed by the Second Circuit to identify protected fair use of trademarks in “artistic works,” does not apply if the alleged infringer is using another’s trademark “as a mark” to identify and. By: Moritt Hock & Hamroff LLP

Trademark 52

Trademark Artistic Work Fair Use 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.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

Artistic Work 52

Artistic Work Designs Design Trademark 52

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 98

Copyright Artistic Work Copyright Law Art 98

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 73

Art Artistic Work Copyright Law Designs 73

Kluwer Copyright Blog

DECEMBER 7, 2023

Mr Sheridan appealed the judge’s declaration that “ [t]he graphic user interface, the graphic displays produced by the Software when in use, and the ONE logo … are artistic works: a. Both sides appealed to the Court of Appeal. in which copyright subsists; b. of which Andrew Mitchell is the author; and c. of which THJ is the owner ”.

Copyright 73

Copyright Artistic Work Copyright Infringement Business 73

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

LexBlog IP

AUGUST 17, 2023

Copyright is for artistic works, and there can be overlap between trademarks and copyright. A logo could possibly be both trademarked as a brand identifier and copyrighted as an artistic work.

Business 40

Business Trademark Copyright Artistic Work 40

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Ankit Sahni, an artist and lawyer, commissioned an AI-based tool that generates artistic works, by the name RAGHAV (‘Robust Artificially Intelligent Graphics and Art Visualizer’) in 2020.

Artwork 59

Artwork Registration Artistic Work Derivative Work 59

Copyright Alliance

JANUARY 17, 2023

Monica Bond is a New York-based illustration artist, working with both analog and digital techniques to create art from the soul. The post Creator Spotlight with Illustration Artist Monica Bond appeared first on Copyright Alliance. In each piece she emphasizes the message, “this moment […].

Artistic Work 45

Artistic Work Art Copyright 45

Intepat

DECEMBER 12, 2021

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.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

Art 52

Art Copyright Artistic Work Moral Rights 52

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

The IPKat

JUNE 18, 2023

literary, dramatic, artistic works) as well as covering infringement and remedies, as well as looking at the challenges presented by international communication through satellite and the internet. It deals with a wide range of rights (e.g., For more information, click here.

Artistic Work 56

Artistic Work Copyright Law Publishing Reporting 56

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 Editing Licensing 91