Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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The IP Law Blog

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. Making a copy of a video or audio recording.

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Copyright Infringement Copyright Social Media Fair Use 122

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

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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. What Is Copyright? Musical Works.

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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 reproduction right. The distribution right.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 103

IP and Legal Filings

JULY 13, 2022

However, in another landmark judgment in the field of copyright, there was a shift from the earlier belief that only originality was required to acquire copyright protection over work, to the current belief that the creation must also possess some level of creativity in order to qualify as intellectual property.

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IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works.

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Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. What is copyright protection?

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Copyright Intellectual Property Ownership Intellectual Property Law 52

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

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IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. This theory prescribes that artists have inalienable rights over their artwork upon its creation. The Copyright Act, 1957 2.

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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

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Designs Design Copyright Artistic Work 52

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Protecting jewellery with the aid of intellectual property rights is a topic of interest which sparks curiosity. While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. However in the case of A.

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LexBlog IP

FEBRUARY 26, 2024

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios.

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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.

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Copyright Infringement Copyright Social Media Fair Use 52

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

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IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Further in the case of Civic Chandran and Ors.

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Picture Credit: gettyimage].

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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SpicyIP

DECEMBER 16, 2023

In the conclusion I will highlight the major developments in the term of copyright post the Copyright Act of 1957. The Setting and the Context The term of copyright is perhaps one of the most important defining features of any copyright law. The term varied depending on the nature of the work.

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IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. The fashion industry and Intellectual Property Regime in India.

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Indiana Intellectual Property Law

MARCH 30, 2023

in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet. A Copyright Registration was issued on December 15, 2008 under Register Number VAu 989-644. He received his B.S.

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Copyright Infringement Copyright Artistic Work Copying 52

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

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Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

AUGUST 14, 2023

Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectual property rights. Person A makes a copy of the movie on his phone and shares it with his friends. Which law to choose then?

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Copyright Infringement Law Copyright Intellectual Property 52

IIPRD

AUGUST 11, 2023

This makes it difficult for the creator to control the dissemination of their works. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. million JPY ($13,500 USD). He was charged for counterfeiting the base figures.

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IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. The interface between cyberspaces and the e-commerce industry often gives rise to several Intellectual Property related issues. Strong and enforced intellectual property is imperative for any business. Image Source: gettyimages].

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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. Australian Federal Court found that the HTML codes were not at risk to copyright assurance as they were not made by the human makers [6].

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Ownership Moral Rights Public Domain Intellectual Property 62

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.

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LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works.

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Copyright Artistic Work Copyright Law Designs 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. 20] The Second Circuit reiterated its previous determination that the answer here is yes.

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It must be the author’s original work.

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Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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