Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

PROTECTION AS COPYRIGHT OR DESIGNS To decide whether jewellery can be protected through copyright or design laws, it is necessary to understand the difference between the two. 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

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. The solution is not to reject one reasonable view in favor of another—that would be the very aesthetic discrimination the law has long rejected.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 90

Privacy Law Intellectual Property Music 90

IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

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Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

AUGUST 6, 2024

Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration. If creators really wish to ensure the protection of their intellectual rights, they can gain enormous amount of knowledge by regularly studying the Indian copyright law techniques.

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Registration Copyright Intellectual Property Artistic Work 108

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. 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.

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Fair Use Copyright Law Copyright Law 52

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?

Artistic Work 58

Artistic Work Designs Design Copyright Infringement 58

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. By: Kidon IP

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Art Artistic Work Copyright Notice Copying 98

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. Under the Copyright Act, no author can claim rights in the original creative work of some other author.

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Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

SEPTEMBER 20, 2023

They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. Musical Works.

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Design Designs Copyright Copyright Infringement 102

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’. 57 of the Act.

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Moral Rights Fair Use Art Artistic Work 49

Intellectual Property Office Blog

OCTOBER 15, 2021

Photographs will generally be protected by copyright as artistic works. This means that a user will usually need your permission if they want to perform certain acts, such as copying your image or sharing it on the internet. However, this particular exception does not apply to two-dimensional works like graffiti.

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Artistic Work Intellectual Property Social Media Copying 112

IIPRD

MARCH 4, 2024

Components of Intellectual Property Rights and Case Laws. Copyright : – So, it is a right which is given to original creator of the work for the fixed period of time. It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Copyright laws protect the expression of creative ideas and not just the idea. a collage, sculpture, photograph , or graphic work; 2. an article made with artistic skill. Industrial Design.

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Intellectual Property Designs Design Artwork 59

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . Make the book public (to the extent permitted by law) 2.

Copyright 246

Copyright Non-Fungible Tokens Technology Plagiarism 246

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. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Today, we live in a wired world.

Copyright 90

Copyright Copyright Law Technology Artistic Work 90

IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Section 2(c) of the Copyright Act defines what “artistic work” is.

Design 52

Design Designs Copyright Artistic Work 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

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Kluwer Copyright Blog

DECEMBER 7, 2023

One would think this has been well rehearsed in numerous cases already, but the Court of Appeal decision demonstrates the English courts are still applying pre-Brexit CJEU law given at this point that law remains effective. Both sides appealed to the Court of Appeal. in which copyright subsists; b. of which THJ is the owner ”.

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Copyright Artistic Work Copyright Infringement Business 71

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.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IP and Legal Filings

JULY 13, 2022

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. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

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Copyright Artistic Work Designs Design 80

IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. In CBS Inc. &

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Copyright Infringement Copyright Copying Artistic Work 105

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.

IP 52

IP Designs Design Copying 52

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

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”. Comment The Court of Appeal judgment highlights two important points of law.

Copyright Infringement 58

Copyright Infringement Copyright Copying Artistic Work 58

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. Image Source: gettyimages]. However, this comes with a limitation.

Designs 85

Designs Design Artistic Work Technology 85

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. Is it copyright infringement to copy a work and use it as a tattoo? .

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. The inventions of any startups are protected through the Copyright laws. The implication of the IPR for the originations ranges beyond mere safety.

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Intellectual Property Government Invention Brands 98

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 133

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 genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 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.” Each of these cases could significantly impact IP law. Hetronic International.

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Copyright Trademark Fair Use Contracts 97

IP Whiteboard

JULY 19, 2020

The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. This doctrine has been applied in the United States to ensure that judges, who possess the authority to interpret the law, cannot assert copyright protection over works created in their judicial capacity.

Copyright 52

Copyright Law Government Public Domain 52

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Design 143

IP and Legal Filings

OCTOBER 19, 2022

The copyright work is mostly related to the digital asset that supported the issuing of the NFT. As a result, these works are safeguarded by the Copyright Act, which grants the author copyrights unless specifically prohibited by law. Image Source: Freepic]. 2537 (1994).

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Artwork Copying Contracts Copyright 71