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

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.

Advertising 111

Advertising Advertising Social Media Blogging 111

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

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.

Registration 111

Registration Copyright Intellectual Property Artistic Work 111

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 Design 59

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Copyright A Copyright is a right enjoyed by the author of a work in fields of literary, music, artistic, musical, dramatic, cinematography, sound and such works of literary, scientific, and artistic nature. However, it does not include ideas, steps or processes.

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

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

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

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 59

Trademark Patent Copyright Patent Application 59

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

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

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

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

Kashishipr

MARCH 16, 2022

In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work. In the present digital era, a significant amount of content is freely available on the internet for anyone and everyone to use.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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

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

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

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

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

Technology & Marketing Law Blog

AUGUST 3, 2021

The post An Initial Look at Washington’s New Anti-SLAPP Statute appeared first on Technology & Marketing Law Blog. Related posts : Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v.

Law 144

Law Litigation Government Advertising 144

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-.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

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

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.

Registration 52

Registration Copyright Artistic Work Ownership 52

Intepat

OCTOBER 7, 2022

Protection of an Artistic Work–. The IP laws outlined above will not only protect a person’s work once conceived but also help protect it throughout the design phase of the product. DESIGNS ACT, 2000. COPYRIGHT ACT, 1957. Protection of a design–. Maximum 15 years. The lifetime of the creator + 60 years after his death.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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.

Copyright 89

Copyright Branding Brands Branding 89

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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?

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

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 post The World of 3D Printing vs. IPR appeared first on Biswajit Sarkar Blog.

Intellectual Property 52

Intellectual Property Design Designs Artistic Work 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

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.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

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