IP and Legal Filings

AUGUST 14, 2023

Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Today, most of the copyright infringement happen through the Internet.

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IP and Legal Filings

JULY 13, 2022

Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. However, in 2003, with the case of Eastern Book Company v.

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Copyright Artistic Work Designs Design 90

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Fair Use Copyright Law Copyright Law 102

IP and Legal Filings

NOVEMBER 15, 2021

Due to the same reason, cyberspace can often become a breeding ground for IP infringement. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. Instances of copyright infringement in the cyberspace. Image Source: gettyimages].

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Copyright Infringement Business Copyright Trademark 95

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. Kind of Copyright Infringement. Copyright infringement can take place in various forms in this digital era.

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Copyright Law Copyright Law Social Media 52

SpicyIP

SEPTEMBER 29, 2024

Countrywide Promoters Private Limited vs Navraj Infratech Private Limited on 19 September, 2024 (Delhi High Court) The plaintiff filed a suit against the defendant for copyright infringement, passing off, and unfair trade practices regarding an architectural design, the “Artistic Work/Device” created by Upton-Hansen Architects Ltd.

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SpicyIP

DECEMBER 3, 2024

Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g.,

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Registration Copyright Artistic Work Ownership 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. TYPES OF COPYRIGHT VIOLATION. In Eastern Book Company and Ors. Modak and Ors.

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Copyright Branding Brands Branding 78

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.,

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Copyright Art Copyright Law Licensing 121

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users.

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Derivative Work Art Copying Fair Use 107

The IPKat

FEBRUARY 3, 2023

This litigation has arisen amongst a flurry of recent interest in AI generated works. Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

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Litigation Copying Copyright Designs 143

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. By 2030, it’s anticipated that the media and entertainment sector in India will generate $100 billion in revenue.

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Intellectual Property Cease and Desist Copyright Law Music 52

Corsearch

FEBRUARY 29, 2024

Occasionally, it may be possible to cite trademark infringement if a seller has included your trademarks in either the listing description or their username. Copyright infringement refers to the unauthorized utilization of safeguarded creative works. Provide details and examples if trademark isn’t registered.

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Branding Brands Branding Intellectual Property 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Parasuraman And Ors.,

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. Prince , 714 F.3d 3d 694 (2d Cir.

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Fair Use Derivative Work Art Licensing 97

Corsearch

SEPTEMBER 28, 2023

Occasionally, it may be possible to cite trademark infringement if a seller has included your trademarks in a listing description or their username. Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works.

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Branding Brands Branding Intellectual Property 59

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

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Copyright Fair Use Registration Ownership 52

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. Neeraja Seshadri, The Dilemma of Artificial Intelligence Generated Works and Indian Copyright Law, 3 INDIAN J.L. &

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

APRIL 7, 2023

Introduction When creative authors, performers, and artists worked in the past, they did so mainly because of their image and notoriety than for the objective of earning a living from their endeavors, so their works were written, performed, or created to safeguard their reputation.

Music 52

Music Law Copyright Intellectual Property 52

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. A “derivative work” is defined as a “a work based upon one or more preexisting works,” such as the movie version of a book, “or any other form in which a work may be recast, transformed, or adapted.”

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Fair Use Derivative Work Blogging Licensing 98

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. Before us, Ms.

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Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The second question discussed is the liability of intermediaries.

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Copyright Copying Non-Fungible Tokens Copyright Law 131

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Copyright Public Domain Copying Publishing 98

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It

Music 99

Music Copyright Ownership Copyright Law 99

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Although copyright registration is not required, there are several benefits to doing so.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

Intellectual Property 52

Intellectual Property IP Invention Designs 52