Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. Moreover, Section 51 of the Act of 1957 categorizes the reproduction of any literary, dramatic, musical or artistic work in the form of a cinematographic work as an infringing copy.

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Cease and Desist Licensing Intellectual Property Copyright 98

IIPRD

MARCH 4, 2024

This is basically for literary and artistic work. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1] There is a Copyright Act, 1957 which deals with copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

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

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

The IPKat

AUGUST 30, 2024

Further, the Court considered that the evidence provided by the parties did not establish that the works done to the eControl Cookers gave rise to a risk of serious damage to the reputation of AGA's trade marks.

Artistic Work 56

Artistic Work Design Designs Marketing 56

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. Rohit Kumar Dhaka & Anr. Despite this, they were accused of continuing to infringe on the copyright.

Trademark 85

Trademark Confidentiality Patent Application Copyright 85

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

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. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

JUNE 12, 2023

If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation.

Copyright Law 102

Copyright Law Copyright Law Copyright Infringement 102

LexBlog IP

AUGUST 31, 2021

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

Derivative Work 40

Derivative Work Artistic Work Licensing Ownership 40

SpicyIP

DECEMBER 16, 2023

The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. In the case of photographs and artistic works, the term was 50 years from the date of publication.

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Copyright Artistic Work Publishing Public Domain 59

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. In addition, courts support transformative or non-mirror image copying purposes.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

Kluwer Copyright Blog

AUGUST 18, 2024

Universities and research funders have only recently managed to coordinate and present a united front in their dealings with academic publishers to finally bring some balance to the game. Some or all of these comments and changes may be included in the work after which it will be formally accepted for publication.

Journalism 61

Journalism Publishing Contracts Copyright 61

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Over time, courts began to accept that cameras and even computers can be used as tools for artistic creation.

Artwork 98

Artwork Blogging Art Copyright 98

IP and Legal Filings

APRIL 24, 2023

Given the enormous resources and time invested by producers and marketers in building customer recognition through the presentation and appearance of their goods, it is crucial that the same is protected under law. Any member of public can take inspection of the records and obtain a certified copy of the entry.

Designs 91

Designs Design Registration Law 91

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Such creations may include literary and artistic works, designs, names, inventions, etc.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

JANUARY 17, 2024

Călinescu , it will be required to tackle the question of what makes a derivative work protectable and what ‘freedom’ and ‘creativity, both cumulative requirements under the EU originality test, mean in this context. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text.

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Derivative Work Editing Copyright Music 136

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. A trademark means the identifiable phrase, symbol, and the word that stands for the specific product that has capacity to legally distinguish itself from other products present in the marketplace of like appearance. Trademark Infringement.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

The IPKat

JANUARY 28, 2023

Those Allied and Associated Powers, which were parties to the Paris Convention on Industrial Property or the Berne Convention on Literary and Artistic Works, also suspended their obligations vis-à-vis Germany under these conventions. This was done in May 1919, just a day before presenting Germany with a draft of the peace treaty.

Art 128

Art IP Intellectual Property Law 128

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

SpicyIP

MAY 6, 2024

Critiquing this decision, Kevin Preji highlights the difference between the Indian PSITA approach and the US’ PHOSITA approach and explains why it is relevant in the present case. Therefore the Court disposed the appeal holding that there is no manifest or jurisdictional error warranting exercise of Article 226. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

IP and Legal Filings

NOVEMBER 15, 2021

Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works. For one, it is relatively easy to replicate copyrighted works in cyberspace. However, this results in a “chain of replication” of copyrighted work.

Copyright Infringement 92

Copyright Infringement Business Copyright Trademark 92

Selvam & Selvam Blog

APRIL 1, 2022

Cipla contended that Sun Pharma: Indulged in colourable imitation and substantial reproduction of the mark “Respule” by replicating the artistic trade dress, packaging and label which amounts to copyright infringement in the Artistic Works. Observations of the Court.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization.

Intellectual Property 87

Intellectual Property IP Government Invention 87

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] Zimbalist, 38 P.2d 2d 170 (Cal. citing Hustler v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. 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.

Art 52

Art IP Intellectual Property Copyright 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.”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. M/S Zari Silk (India) Pvt.

Trademark 83

Trademark Social Media Registering Trademarks Copyright 83

Corsearch

SEPTEMBER 28, 2023

Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Brands 59

Brands Branding Branding Intellectual Property 59

Art Law Journal

JUNE 16, 2022

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. All that needs to be done is to register your artistic works. Do you register your works for copyright protection?

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 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

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. Moral rights have a greater amount of human sentiments appended to the work, and thus, these privileges may not be appropriate for implementation by the AI.

Ownership 74

Ownership Moral Rights Public Domain Intellectual Property 74

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation is essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

FEBRUARY 28, 2022

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. 15] Cariou v. 3d 99, 113 (2d Cir.

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Fair Use Derivative Work Art Licensing 97