The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. Making a copy of a video or audio recording.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Intepat

NOVEMBER 8, 2024

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. Let’s see more in detail how the judge reasoned.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

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Copyright Moral Rights Copying Publishing 133

Intepat

NOVEMBER 4, 2024

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

The IPKat

FEBRUARY 4, 2025

Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The reproduced elements did not constitute a substantial part and therefore did not amount to copyright infringement.

Copyright Infringement 59

Copyright Infringement Artwork Copyright Designs 59

IPilogue

FEBRUARY 4, 2022

Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Section 15 (1) (a)-(g) of the Copyright Act, C28, Laws of the Federal Republic of Nigeria (“LFN”), 2004 , provides several acts that amount to copyright infringement in Nigeria.

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Copyright Infringement Copyright Copying Artistic Work 105

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. It also mentioned that their copyright assignment wasn’t valid.

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Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

OCTOBER 27, 2021

Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Remaining hooks are evenly distributed over the roof.”

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Cease and Desist Litigation Copyright Marketing 139

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?

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Designs Design Copyright Copyright Infringement 105

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. These are governed by the Copyright Act, 1957.

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Intellectual Property Registration Designs Design 83

The IPKat

NOVEMBER 1, 2022

The headline --“City of Vernon transfers copyright to legendary Ogopogo to B.C. Surely no “author” had created the Ogopogo, supposedly a green, serpent-like creature that creates harmonic ripples as it swims, so no one could claim copyright. So, what did Seabrook register under copyright? And the database only goes back to 1991.

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Copyright Artwork Due Diligence Publishing 128

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

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.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

IPilogue

DECEMBER 9, 2021

The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work.

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Copyright Artistic Work Copying Intellectual Property 89

JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

Artistic Work 98

Artistic Work Art Copyright Notice Copying 98

IP and Legal Filings

JUNE 12, 2023

It may be expressed in any artistic medium, and may not necessarily critique the work in itself – sometimes, it may also be used to criticize or highlight the theme, author, doctrine, philosophy, ideals, or even a particular subject. Parody is often taken as a defence in trademark infringement suits. In the case of Pepsi Co v.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

Intepat

APRIL 18, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 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 Brands Branding Branding 89

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

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. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

Intellectual Property 98

Intellectual Property Artistic Work Designs Design 98

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel.

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Copyright Public Domain Copying Publishing 98

Kluwer Copyright Blog

DECEMBER 7, 2023

Image by Kalpesh Ajugia from Pixabay00 THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal test to consider whether a copyright work is original. in which copyright subsists; b. in which copyright subsists; b.

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Copyright Artistic Work Copyright Infringement Business 80

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. Hetronic International.

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Copyright Trademark Fair Use Contracts 97

The IPKat

FEBRUARY 27, 2024

Earlier this February, South Africa’s Portfolio Committee on Trade, Industry and Competition began the process of consideration and report on the Copyright Amendment Bill [B13F-2017]. In addition to the foregoing, clauses relating to circumstances where the author of literary or musical works, visual artistic work, etc.

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Copyright Artistic Work Copying Reporting 72

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Derivative Work Editing Copyright Music 137

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. However, the Court ultimately dismissed August’s case because they failed to prove all the necessary elements of copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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

The IPKat

JANUARY 25, 2022

For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. But this is not the case for works of art.

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Art Artwork Copying Moral Rights 134

The IPKat

JULY 6, 2023

Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days ago, the High Court of England and Wales (the Court) granted a final injunction in respect of Tesco’s infringement of Lidl’s copyright in its blue-and-yellow logo.

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Copyright Copyright Infringement Marketing Marketing 94

azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

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Copyright Due Diligence Design Designs 97

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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

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Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

SEPTEMBER 17, 2021

For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties. Copyrights play a pivotal role in the fashion industry as well.

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Designs Design Artistic Work Technology 97

Intepat

DECEMBER 12, 2024

However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

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Copyright Artistic Work Design Patent Designs 52

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.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here. Donaldson Lithographing Co.,

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Copyright Law Fair Use Law Artistic Work 72

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection in India is governed by the Copyright Act, 1957 (“Copyright Act”).

Designs 52

Designs Design Copyright Artistic Work 52

Intepat

DECEMBER 30, 2024

Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. This discussion will explore the interplay between trademark and copyright laws in safeguarding product packaging. However, copyright law comes with certain limitations. In Parle v.

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Trademark Copyright Artistic Work Copyright Law 52