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

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 98

Fair Use Derivative Work Blogging Licensing 98

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

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.

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Cease and Desist Litigation Copyright Marketing 139

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

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 Copyright Patent Application 59

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

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.

Cease and Desist 98

Cease and Desist Licensing Intellectual Property Copyright 98

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?

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Artistic Work Designs Design Copyright Infringement 49

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 Branding Branding Brands 89

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.

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Copyright Law Copyright Law Social Media 52

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 49

Copyright Infringement Copyright Copying Artistic Work 49

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.

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Intellectual Property Designs Design Artwork 59

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.

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Derivative Work Art Copying Fair Use 111

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.

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Registration Copyright Artistic Work Ownership 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

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.

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Trademark Copyright Artistic Work Copyright Law 52

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.

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Fair Use Copyright Law Copyright Law 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.

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Artistic Work Ownership Copyright Infringement Copyright 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.

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Copyright Artistic Work Copyright Infringement Ownership 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 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.

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Copyright Copyright Infringement Copying 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

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?

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Copyright Artistic Work Publishing Public Domain 59

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?

Social Media 52

Social Media Intellectual Property Registration Branding 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

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

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.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 52

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

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. The benefits of copyright registration have been detailed in this blog which stands to make a good case for registering copyright over mobile application software.

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Copyright Intellectual Property Ownership Intellectual Property Law 52

Garrigues Blog

MAY 11, 2021

There is no need for a professional qualification in the subject and one or more authors of the same work may appear. Although it is not widely known in the field of architecture or construction, there is in fact an Artistic Works and Applied Art Registry, which is directed by Indecopi’s Copyright Management.

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Copyright Moral Rights Derivative Work Registration 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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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.

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Trademark Social Media Registering Trademarks Copyright 103

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]

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Fair Use Derivative Work Art Licensing 97

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. about, blog, contact, etc.).

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Art Artwork Social Media Marketing 52