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. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

Advertising 111

Advertising Advertising Social Media Blogging 111

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.

Journalism 61

Journalism Publishing Contracts Copyright 61

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

SpicyIP

SEPTEMBER 29, 2024

Highlights of the Week Calcutta High Court Notifies IPD Rules: A Quick Comparison Image from here The Calcutta High Court IPD Rules have been published! Additionally, it was also pointed out that the respondents had previously admitted to copying the said design in a prior legal dispute settled in 2019. Rohit Kumar Dhaka & Anr.

Trademark 104

Trademark Confidentiality Patent Application Copyright 104

IP and Legal Filings

APRIL 24, 2023

Any member of public can take inspection of the records and obtain a certified copy of the entry. In the previous Act, there was a 2-year confidential period post registration, which prohibited taking inspection/certified copy of any entry in the records. Designs are registered in different classes as per the Locarno Agreement.

Designs 94

Designs Design Registration Law 94

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

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

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 96

Privacy Law Intellectual Property Music 96

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. 91, 16 Feb ).]

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Entries in the Register of Copyrights: The Register includes the name or titles of work, names, and addresses of authors, publishers, and copyright owners. The author or owner interested in the copyright of any work may apply to the Registrar of Copyrights in Form XIV with the prescribed fee.

Registration 40

Registration Copyright Artistic Work Copying 40

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’. This Statute aimed at bringing about a more equitable platform for both the authors and the publishers, and also encourage the “dissemination of knowledge”.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 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.”). Fast-forward three decades.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The IPKat

SEPTEMBER 21, 2022

While the High Court’s decision essentially incorporated the new proposed section 19D contemplated by clause 20 of the Copyright Amendment Bill [B 13B-2017] into the Copyright Act, the ConCourt only addressed access to “published literary works, and artistic works as may be included in such literary works, in accessible format copies”. [Is

Copyright 40

Copyright Artistic Work Copying Publishing 40

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Bantam Doubleday Dell Publishing Group, Inc., 2d 490 (2d Cir. This part is not persuasive.

Artistic Work 45

Artistic Work Social Media Television Trademark 45

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’. This Statute aimed at bringing about a more equitable platform for both the authors and the publishers, and also encourage the “dissemination of knowledge”.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 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

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. Photographic works.

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

Biswajit Sarkar Copyright Blog

JULY 11, 2022

The Copyright Act, 1957 protects creative and artistic works in India granting exclusive rights to the author. Damages for conversion/delivery up: The infringing copies of any work in which copyright subsists and the method of production of such infringed material is considered to be the property of the copyright owner.

Copyright 52

Copyright Copyright Infringement Copying Artistic Work 52

Dragons' Den

APRIL 4, 2024

Once your copyright has expired, anyone can use or copy your work. The length of copyright depends on the type of work. For artistic work copyright protection lasts 70 years after the author’s death. There isn’t a register of copyright works in the UK.

Blogging 40

Blogging IP Artwork Artistic Work 40

IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

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. According to the Macmillan & Co.

Art 52

Art Copyright Artistic Work Public Domain 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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

SpicyIP

DECEMBER 17, 2023

Reddy contended that if a book holds commercial value, it would be commercially exploited within a decade, benefiting both the author and the publisher. Reddy proposed specifying a timeframe within which authors and publishers would have received adequate returns. Moreover, the number of readers of books in her country is even lower.

Copyright 59

Copyright Publishing Music Artistic Work 59

Intepat

NOVEMBER 8, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. As Rogers noted, artistic works “are also sold in the commercial marketplace like other more utilitarian products, making the danger of consumer deception a legitimate concern that warrants some government regulation.” Zimbalist, 38 P.2d 2d 170 (Cal.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Intepat

NOVEMBER 4, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Garrigues Blog

MAY 11, 2021

There is no need for a professional qualification in the subject and one or more authors of the same work may appear. Although it is not widely known in the field of architecture or construction, there is in fact an Artistic Works and Applied Art Registry, which is directed by Indecopi’s Copyright Management.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

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. Rameshwari Photocopy Services & Anr. ,

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

DECEMBER 29, 2023

The image was published without obtaining the plaintiff’s permission and without the plaintiff’s watermark. Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law. See here to understand how the final image was created.

Copyright 59

Copyright Copyright Infringement Copyright Law Copying 59

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. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996) 1996) 38 DRJ 81 (India). [2] 2] Supra note 17. [3]

Ownership 80

Ownership Moral Rights Public Domain Intellectual Property 80

IP and Legal Filings

AUGUST 14, 2023

To begin with, a book published in India will be protected in Australia if the criteria for protection there are satisfied; if the conditions for protection under other national laws are met (such as those of Germany, Norway, or Sweden), the book will also be protected internationally. Copyright is a more complicated problem.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Goldsmith notified AWF of her belief that the work infringed her copyright. Warhol and his Foundation’s claim of fair use lost. ” Id. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

LexBlog IP

SEPTEMBER 13, 2023

Representatives of collective management organisations may use portable audio and/or video recording equipment in the premises where the musical works are used, and the recordings thus made shall constitute full proof of the use of the musical works as background music.’

Music 52

Music Television Copyright Related Rights 52

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. Next thing that happened: Omaha Quilt Guild copied Just Wanna Quilt’s logo for its show.

Trademark Law 72

Trademark Law Trademark Art Branding 72