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. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Hetronic International.

Copyright 97

Copyright Trademark Fair Use Contracts 97

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.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

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.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

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 111

Advertising Advertising Social Media Blogging 111

Intellectual Property Law Blog

JUNE 16, 2023

The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

Kluwer Copyright Blog

JULY 24, 2024

The results of these disputes are likely to take years to work through and may have very different outcomes in different jurisdictions given the very wide scope of fair use in the US compared to (inter alia) the EU. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

AUGUST 1, 2023

My last blog post ended with a cliffhanger: but what about Jack Daniel’s and dog toys? VIP Products claimed that use of the bottle shape and label on its toys was not infringement, claiming the same nominal fair use protection as I mentioned in my previous post. that make up that trademark. Thanks for reading!

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

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. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Biswajit Sarkar Copyright Blog

NOVEMBER 19, 2021

The Berne Convention for the Protection of Literary and Artistic Works concluded in 1886 and was amended in 1979. Berne Convention Aims to protect the works and rights of the respective authors. It gives the author or/and the owner full protection despite the origin of the work. appeared first on Biswajit Sarkar Blog.

Contracts 52

Contracts Artistic Work Fair Use Licensing 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.) This allegation is factually flawed and legally suspect; it’s also overreaching in a way that could actually undermine the work of many artists who are members of the proposed class.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. The post Copyright Infringement and Music appeared first on Biswajit Sarkar Blog.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

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. So what kind of works, provided they meet the requirement, qualify for copyright protection? The post Tricky Tattoo appeared first on Biswajit Sarkar Blog.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

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. So what kind of works, provided they meet the requirement, qualify for copyright protection? The post COPYRIGHT AND TATTOOS appeared first on Biswajit Sarkar Blog.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. copyright law, under the doctrine of fair use.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. Section 52 states that educational purposes, research, or criticism are all fair use and do not constitute copyright infringement. The post Music Piracy appeared first on Biswajit Sarkar Blog.

Music 52

Music Moral Rights Television Copyright Infringement 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 125

Copyright Art Copyright Law Licensing 125

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] 3] Regardless of the creative level of a work, copyright comes with limitations. 37, 2018). [3]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. The post Copyright Infringement and Music appeared first on Biswajit Sarkar Blog.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Please drop a comment and let us know. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

LexBlog IP

JUNE 20, 2023

The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. When the film was released in the United States, Ginger Rogers objected under the Lanham Act to the use of her name. As we previously blogged, the U.S. The Second Circuit rejected the claim.

Trademark 40

Trademark Design Designs Fair Use 40

LexBlog IP

FEBRUARY 1, 2023

The slew of amicus and other briefs had been filed, and it was time to “get crackin’ on” this blog post, as in time to get moving on the drafting. ” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work.

Trademark 52

Trademark Intellectual Property Brands Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105