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.”).

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Fair Use Derivative Work Blogging Licensing 98

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. For more visit: [link].

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Registration Artistic Work Copyright Registering Trademarks 98

Kluwer Copyright Blog

APRIL 3, 2024

For more details on the first instance decision as a whole, see our prior Kluwer blog post here. Accordingly, the Mark with Text was a protectable copyright work as an artistic work. Secondly, the only protectable elements of a derivative work are those that are original over the antecedent work.

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Copyright Infringement Copyright Copying Artistic Work 58

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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Registration Copyright Artistic Work Ownership 52

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.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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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Copyright Law Copyright Law Social Media 52

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Legal Measures The Copyright infringement of a work broadcasted through OTT platforms is not specifically safeguarded through separate legal provisions in India, however, the existing legal provisions provide adequate legal remedies. The post OTT Platforms and Digital Piracy appeared first on Biswajit Sarkar Blog.

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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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Copyright Artistic Work Copyright Infringement Business 71

Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. Protection of an Artistic Work–. Hence, the maximum period of protection in design patents is fifteen years. DESIGNS ACT, 2000.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph.

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Copyright Artistic Work Copyright Infringement Ownership 52

Selvam & Selvam Blog

DECEMBER 14, 2022

The defendant was also prohibited from infringing on the plaintiff’s copyrights in the artistic work on the M-SEAL label and from reproducing or copying the artistic work on their own products. Pidilite Industries Limited Vs Riya Chemy – [link].

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IPilogue

FEBRUARY 4, 2022

The burden lies on the copyright owner to prove that the allegedly infringing work is a reproduction of the whole or a substantial part of the whole of their work. On the issue of casual connection, the Plaintiff must prove that the infringing work was copied or otherwise taken from their work. In CBS Inc. &

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Copyright Infringement Copyright Copying Artistic Work 105

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The author or owner interested in the copyright of any work may apply to the Registrar of Copyrights in Form XIV with the prescribed fee. In the case of an artistic work used in relation to any goods or services, the applicant should submit a certificate from the Registrar of Trade Marks.

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Registration Copyright Artistic Work Copying 52

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.

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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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

The Copyright Act, 1957 protects creative and artistic works in India granting exclusive rights to the author. Damages for conversion/delivery up: The infringing copies of any work in which copyright subsists and the method of production of such infringed material is considered to be the property of the copyright owner.

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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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SpicyIP

DECEMBER 16, 2023

In this two-part blog, I will be analysing the historical debates and developments of the terms of copyright. The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. What led to this divergence?

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Copyright Artistic Work Publishing Public Domain 59

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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IP and Legal Filings

JUNE 27, 2022

The blog is divided into two parts and this is part 2 of the blog. PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. Broad classification of ‘works’ which are protected by copyright are-.

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Intellectual Property Moral Rights Designs Design 52

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. The benefits of copyright registration have been detailed in this blog which stands to make a good case for registering copyright over mobile application software.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

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.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Do you think about the fight between musicians concerning stolen or copied song lyrics? It involves their exclusive right to control and make copies of their creative works. not physical) creations of the human intellect.

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Moral Rights Copyright Intellectual Property Licensing 52

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. It grants copyright holders the exclusive right to display, perform, or distribute their original works. How to Ensure Compliance with IP?

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Social Media Intellectual Property Registration Branding 52

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Primary Violation -Primary brand violation refers to the act of factual copying of the work of the original creator.

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Copyright Branding Branding Brands 68

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artistic work under Section 2(c) of the Copyright Act. The widespread availability of low-cost 3D printers will make it easier for anyone to copy even patented products.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 52

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. The copyright holder (usually the creator but could also be a company or other entity) has the exclusive right to make copies, publicly display, distribute, and create derivatives of the artwork.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Intellectual Property Invention Artistic Work Copyright 75

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.

Cease and Desist 138

Cease and Desist Litigation Copyright Marketing 138

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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Copyright Related Rights Artistic Work Public Domain 55

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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Social Media Copyright Ownership Copyright Law 52

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Intellectual Property Cease and Desist Copyright Law Music 52

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.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Copyright Lately

JANUARY 23, 2023

(If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) None of it includes copies of images. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search.

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Derivative Work Art Copying Fair Use 108

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

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Copyright Infringement Copyright Registration Social Media 104