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.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

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.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

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.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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

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

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 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?

Social Media 111

Social Media Intellectual Property Designs Design 111

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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Public Domain Copyright Artistic Work Registration 130

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.

Copyright Infringement 124

Copyright Infringement Music Copyright Law 124

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]

Art 72

Art Artistic Work Copyright Law Designs 72

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

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

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.

IP 52

IP Design Designs Artistic Work 52

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.

IP 52

IP Artistic Work Intellectual Property Branding 52

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.

Art 59

Art Artistic Work Law Designs 59

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.

Music 111

Music Law IP Artistic Work 111

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.

Editing 105

Editing Law IP Design 105

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.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

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.

Artistic Work 45

Artistic Work Designs Design Copyright 45

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

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.

Trademark 58

Trademark Patent Copyright Patent Application 58

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 49

Artistic Work Designs Design Copyright Infringement 49

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.

Cinema 98

Cinema Copyright Blogging Registration 98

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.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

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.

Cease and Desist 98

Cease and Desist Licensing Intellectual Property Copyright 98

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.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52

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].

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

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.

Reporting 83

Reporting Copyright Intellectual Property Artistic Work 83

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.

Art 105

Art Artistic Work Designs Design 105

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast.

Registration 119

Registration Copyright Intellectual Property Public Domain 119

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.

Copyright 135

Copyright Ownership Social Media Licensing 135

IPilogue

MARCH 31, 2023

assisted works could be given protection and whether I could get an image I had made with an A.I. as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. Recently, while hearing the debates about AI and authorship, I was intrigued about whether A.I.

Registration 105

Registration Copyright Ownership Artistic Work 105

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

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 is basically the legal protection given to any creator of an original literary or artistic work.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Intepat

DECEMBER 12, 2024

For example, in an application with a GUI, the software code that enables a button to function when clicked is protected as a literary work, covering the specific way it was written and organised. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

Copyright 52

Copyright Artistic Work Design Patent Designs 52

IPilogue

FEBRUARY 4, 2022

For a literary, musical, or artistic work to be eligible for copyright protection under Section (1) (2) of the Act , adequate effort must have been expended on the work to give it an original character. . . . CONCLUSION. Copyright protects the expression of ideas and not the ideas themselves.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

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 Design Designs 52