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

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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Registration Copyright Intellectual Property Artistic Work 111

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Artistic Work. It’s no secret that memes have taken the internet by storm. Originality.

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Copyright Artistic Work Copying Intellectual Property 89

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. &

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

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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Litigation Copying Copyright Designs 143

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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Advertising Advertising Social Media Blogging 111

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 139

Cease and Desist Litigation Copyright Marketing 139

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. Liking admitted to copying the eighth iteration of the WaterRower in creating its rival rowing machine, the TOPIOM Model 1.

Art 72

Art Artistic Work Copyright Law Designs 72

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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Cease and Desist Licensing Intellectual Property Copyright 98

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

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

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?

Artistic Work 50

Artistic Work Designs Design Copyright Infringement 50

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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Trademark Patent Patent Application Copyright 59

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 80

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.

Copyright Law 52

Copyright Law Copyright Law Social Media 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 Brands Branding Branding 89

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

Intepat

DECEMBER 12, 2024

The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work. This layered approach allows developers to protect their GUIs against both direct copying of their visual design and unauthorized replication of the underlying code.

Copyright 52

Copyright Artistic Work Design Patent Designs 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.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

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.

Copyright Infringement 50

Copyright Infringement Copyright Copying Artistic Work 50

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).

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Intepat

DECEMBER 30, 2024

The Court, upon a prima facie comparison, noted clear instances of copying and consequently granted interim relief to the plaintiff. This certificate is valid for one year, and the application for registration of the artistic work must be filed within that year. However, copyright law comes with certain limitations.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 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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Journalism Publishing Contracts Copyright 69

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 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.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

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 40

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.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

IPilogue

NOVEMBER 17, 2021

It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium. the Federal Court ruled that legal protection of works is not restricted based on the medium in which it is presented. Current State of the Law on Tattoo Designs.

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Ownership Intellectual Property Artwork Copyright Law 102

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.

Copyright 52

Copyright Copyright Infringement Copying Artistic Work 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

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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Artistic Work Copying Trademark Registration 40

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

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.

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Intellectual Property Designs Design Artistic Work 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.

Moral Rights 52

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 Brands 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

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 59