The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21.

Cease and Desist 138

Cease and Desist Litigation Copyright Marketing 138

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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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 to good will and reputation: Actions of the infringer that undermine the reputation and good will of the plaintiff in the market. profits earned by sale of infringing copies. Civil remedies.

Copyright 52

Copyright Copyright Infringement Copying Artistic Work 52

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.

Advertising 93

Advertising Advertising Social Media Blogging 93

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. How to Ensure Compliance with IP?

Social Media 52

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. This leads to the reduction of competition in the market. selling or trading the clones of the infringed work.

Copyright 61

Copyright Branding Brands Branding 61

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Human tissues, spaceship components, and, more controversially, working firearms are all possible applications of the technique. The 1980s saw a boom in the 3D printing market. 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

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-.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 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. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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.

Copyright 54

Copyright Related Rights Artistic Work Public Domain 54

Selvam & Selvam Blog

APRIL 1, 2022

Cipla contended that Sun Pharma: Indulged in colourable imitation and substantial reproduction of the mark “Respule” by replicating the artistic trade dress, packaging and label which amounts to copyright infringement in the Artistic Works. Observations of the Court.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

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 106

Derivative Work Art Copying Fair Use 106

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

Copyright 57

Copyright Copying Branding Brands 57

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.”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. about, blog, contact, etc.).

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. about, blog, contact, etc.).

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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.

Intellectual Property 98

Intellectual Property Artistic Work Designs Design 98

LexBlog IP

JUNE 20, 2023

As we previously blogged, the issues presented in the care were: Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

Trademark 40

Trademark Designs Design Fair Use 40

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.

Litigation 143

Litigation Copying Copyright Designs 143

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

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

Kluwer Copyright Blog

AUGUST 7, 2023

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] photographs seem to be receiving significant protection due to their own nature of easily replicable works.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

SEPTEMBER 16, 2021

We simply endeavour to highlight its significance in reshaping copyright enforcement in the prospect of an Egyptian digital market. 179(2) ECL) and the seizure “of the original and infringing copies and any material used in republication or reproduction provided that such material can be used only for such republication ” (art.

Copyright 54

Copyright Art Marketing Marketing 54