Kluwer Copyright Blog

APRIL 3, 2024

She noted that the artistic quality may not have been high, this did not preclude an artistic work from being original, and that “bringing together the Lidl text with the yellow circle and blue background was an act which involved skill and labour”. Accordingly, Tesco’s objection on originality failed.

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IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

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Copyright Law Copyright Law Social Media 98

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” 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

Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. A Copyright Registration was issued on December 15, 2008 under Register Number VAu 989-644. He received his B.S. 501 , damages pursuant to 17 U.S.C. § Gotsch, Sr.

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Copyright Infringement Copyright Artistic Work Copying 52

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. Through copyright enforcement, an exclusive right is granted to creators. The Digital Millennium Copyright Act.

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Copyright Copyright Law Technology Artistic Work 98

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Literary Works Other than Computer Programs.

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Designs Design Copyright Copyright Infringement 105

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.

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Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

JUNE 12, 2023

This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. s commercial. Conclusion The test handed down in the R.G. Because these factors are derived from the R.G.

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Copyright Law Copyright Law Copyright Infringement 105

IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Which law to choose then?

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Copyright Infringement Law Copyright Intellectual Property 52

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. Copyright Act or Design Act?

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Copyright Artistic Work Designs Design 95

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21.

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Cease and Desist Litigation Copyright Marketing 139

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging.

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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 97

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

AUGUST 29, 2024

AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the Defendants’ control panel. However, the court found that the Defendants were entitled to rely on the defence afforded under section 51 of the Copyright, Designs and Patents Act 1988.

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Artistic Work Designs Design Copyright Infringement 49

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Does copyright exist in tattoos? Does copyright exist in tattoos?

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Moral Rights Copyright Artistic Work Artwork 52

The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

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Copyright Copyright Infringement Marketing Marketing 94

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Section 37(3) enlists the various acts which may constitute infringement of ‘broadcaster’s reproduction rights’ in the absence of an authorized license.

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Cease and Desist Licensing Intellectual Property Copyright 98

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. selling or trading the clones of the infringed work.

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Copyright Branding Branding Brands 89

Art Law Journal

JUNE 16, 2022

A painting, a sketch on a napkin, or even a photo displayed on an iPhone, are all physical mediums that are subject to copyright protection. 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.

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Copyright Infringement Artwork Copyright Registration 52

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? None of it includes copies of images. Stability AI Ltd. The current Stable Diffusion model uses about 5 gigabytes of data.

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Derivative Work Art Copying Fair Use 111

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

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? 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’. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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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. In case of infringement of copyright, the author is entitled to certain remedies under the act that can be both civil or criminal in nature. before infringement. Civil remedies. Criminal remedies.

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Copyright Copyright Infringement Copying Artistic Work 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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? 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’. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it.

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Copyright Intellectual Property Copying Music 52

IP and Legal Filings

APRIL 24, 2023

Any member of public can take inspection of the records and obtain a certified copy of the entry. In the previous Act, there was a 2-year confidential period post registration, which prohibited taking inspection/certified copy of any entry in the records. Designs are registered in different classes as per the Locarno Agreement.

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Designs Design Registration Law 97

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. When you come across the word ‘copyright,’ what exactly is it that comes to your mind?

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Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

JUNE 29, 2024

It usually entails review, commentary, satire, comedy, criticism over the original work. Even though Section 52 of the Copyright Act classifies any artistic work under fair use, it is imperative to note that it does not safeguard total imitation of a work. Further in the case of Civic Chandran and Ors.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. However, Lidl’s key trade mark for the Lidl Logo including the word LIDL (the “ Mark with Text ”) was valid and so Tesco remained liable for trade mark infringement.

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Copyright Copying Designs Design 64

Selvam & Selvam Blog

APRIL 1, 2022

Accordingly, Cipla Ltd brought in an action for Trademark infringement, copyright infringement and passing off. In the instant case, Cipla Ltd filed a suit seeking a permanent injunction against Sun Pharma for infringing the trademark “Respule”. Background. Cipla’s Contentions . Observations of the Court.

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Intellectual Property IP Artistic Work Copyright Infringement 40

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted.

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Art Copyright Artistic Work Public Domain 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. 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.”).

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Fair Use Derivative Work Blogging Licensing 98

SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). It is also worth noting that some negative prompts were copied and pasted by the plaintiff from anonymous user’s shared content in an online forum.

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Copyright Copyright Infringement Copyright Law Copying 59

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Therefore, AI may not equipped for generating an original work.

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Ownership Moral Rights Public Domain Intellectual Property 90

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.,

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Art IP Intellectual Property Copyright 52