The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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. Vipul Amrutlal Shah (2009) and MRF Limited v.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

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.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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

Copyright 97

Copyright Trademark Fair Use Contracts 97

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

Advertising 111

Advertising Advertising Social Media Blogging 111

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. Making a copy of a video or audio recording.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

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. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

Copyright 64

Copyright Copying Designs Design 64

IP Whiteboard

JULY 19, 2020

Public Resource Org ( PRO ), a non-profit organisation that facilitates public access to government records and legal materials, distributed for free and without authorisation, copies of the OCGA and its annotations. The Act does not state whether judges or legislators can assert copyright protection over their works.

Copyright 52

Copyright Law Government Public Domain 52

Art Law Journal

JUNE 16, 2022

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. All that needs to be done is to register your artistic works. Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

MAY 6, 2024

vs Prerna Rajpal Trading As The Amaris Flagship Store on 29 April, 2024 (Delhi High Court) The dispute is over copying substantial elements like placement, pattern, color combination of plaintiff’s Serpenti Ocean Treasure Necklace by the defendant’s Shield-It Necklace. Bulgari S.P.A Kutch’s Ajrakh gets GI tag.

Trademark 59

Trademark Invention Licensing Patent 59

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es theory of selection effects makes sense—which cases make it to litigation affect the words the court uses, not just the outcomes.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Kluwer Copyright Blog

JULY 20, 2022

The NFT may be encoded in one of two ways: either by the creation of an alpha-numeric signature , or ‘hash’, by passing the underlying work through an algorithm or by including an URL that contains the underlying work. The reproduction right includes the right to prevent the copying of the underlying work in any manner.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

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

The IPKat

APRIL 25, 2024

Does UK copyright law protection extend to computer-generated works which are not original? Ordinarily, for a literary, dramatic, musical or artistic work to be protected under the CDPA it must be original. Traditionally, the English Courts applied a test of ‘sufficient skill, labour or effort’ to determine originality.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

SpicyIP

SEPTEMBER 29, 2024

on 19 September, 2024 (Delhi High Court) The petitioner sought rectification of the copyright for “DHAKA SHREE BHARAT,” accusing the respondents of fraudulently copying his “Jai Bharat” label and securing copyright for an identical design. While no punitive damages were awarded, the plaintiff received ₹15,000 for litigation costs.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

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.”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. 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. ” Id. ” Id. Syllabus) at 4. . ” Slip Op., ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. The law gives copyright owners a monopoly to exploit and monetize creative works. But not so fast.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g.,

Intellectual Property 52

Intellectual Property Journalism Technology IP 52