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.

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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.

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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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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.

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The IP Law Blog

SEPTEMBER 30, 2022

Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” It also protects images, photos, videos, and other written work, such as blog posts.

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Copyright Infringement Copyright Social Media Fair Use 122

Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. Now you can see why this case festered in my blog queue for 6 weeks. Blogging it has been rough! Prior blog posts on Yearbook and Related Cases. Ancestry , Knapke v. Classmates , and Sessa v.

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IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. It’s no secret that memes have taken the internet by storm.

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IP and Legal Filings

AUGUST 6, 2024

For writers, artists, musicians and other creators in India, knowing how to register their copyrights can be a valuable asset. Abstract This blog provides complete information to go about the registration for copyright in a systematic manner with due incorporation of all steps required to help creators of the works of art.

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IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection?

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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.

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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.

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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.

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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]

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The IPKat

OCTOBER 27, 2021

Modern copyright jurisprudence offers protection, not only to classical types of literary and artistic works such as books and movies (as an illustrious example, Denis Villeneuve’s new Dune adaption, in cinemas everywhere), but also to less inherently artistic and perhaps more mundane expressions of human creativity.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. The post Santa Clause and IP appeared first on Biswajit Sarkar Blog.

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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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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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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 ”.

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IPilogue

FEBRUARY 2, 2023

Where the Crown can use a person’s artistic expression as incriminating evidence, the system risks limiting such expression and clashes with the government’s mandate to foster and promote the enjoyment and production of artistic works and threatens growth in the Canadian music scene both domestically and internationally.

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Intellectual Property Law Blog

OCTOBER 3, 2023

Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” Where AI alone creates a work, this point seems clear.

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Kashishipr

AUGUST 25, 2021

Limited edition trademarks that comprise original artistic device elements may also enjoy protection under Copyright Law. While the requirements of distinctiveness under Trademark Law and originality under copyright law differ, the protection afforded to artistic works should usually apply to limited edition trademarks.

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Intepat

NOVEMBER 8, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

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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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IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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IIPRD

APRIL 3, 2024

3] The blog deals with the role of IPR in fashion and the struggle between innovation and imitation. It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work? Tahiliani Design Pvt.

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Kluwer Copyright Blog

MARCH 30, 2025

However, they will shed light on three particularly important questions: whether the subjective intent of the creator has any bearing on the qualification as an artistic work; whether events taking place after the act of creation matter for the qualification as a work; and whether works of applied art require a higher level of originality.

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Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Moreover, Section 51 of the Act of 1957 categorizes the reproduction of any literary, dramatic, musical or artistic work in the form of a cinematographic work as an infringing copy. The post OTT Platforms and Digital Piracy appeared first on Biswajit Sarkar Blog.

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SpicyIP

MARCH 9, 2025

Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis. Chotiwala Food And Hotels Private vs Chotiwala & Ors.

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IP and Legal Filings

OCTOBER 12, 2023

We are aware that copyright is given to the original creator of a literary or artistic work and that recipes are just personalised interpretations of existing ideas, which suggests that it is common knowledge, hence it lacks the first requisite i.e. originality to be eligible for protection under copyright. IPleaders Blog.

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Intepat

NOVEMBER 4, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

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Social Media Copyright Ownership Copyright Law 52

IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. 1] The Copyright Act protects certain types of works, which are included in Section 13. Cyril Amarchnad Corporate Blogs (Dec. Film titles are essentially the bridge between the viewers and the film.

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Kluwer Copyright Blog

MARCH 30, 2025

However, they will shed light on three particularly important questions: whether the subjective intent of the creator has any bearing on the qualification as an artistic work; whether events taking place after the act of creation matter for the qualification as a work; and whether works of applied art require a higher level of originality.

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Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. You can find the full report here.

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Intepat

DECEMBER 30, 2024

According to the proviso in Section 45(1), if an applicant wishes to register any artistic work that could be used in connection with goods or services, the applicant must submit an affidavit confirming that the work has not been registered under the Trademark Act.

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Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc. For more visit: [link].

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The IPKat

SEPTEMBER 29, 2022

Many, if not all, the readers of this blog will have sincere admiration for the academic world of intellectual property. It is a world of jurists who have a mixed practical-theoretical approach and a 'philosophical' attitude to legal matters.

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IPilogue

MARCH 11, 2022

Sunflowers have inspired Ukrainian artists from Maria Prymachenko to Alina Panova to Natasha Zinko , each in their unique way. The magical and bright flora featured in Ukrainian female artists’ work throughout history provides a stark contrast to the images coming out of Ukraine in recent weeks.

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