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.

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Copyright Infringement Copyright Registration Social Media 104

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. This act is often done without the prior consent or permission of the copyright holder or the photographer of the picture. Firstly, the exception of fair use.

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JD Supra Law

OCTOBER 25, 2024

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright law by using the artists’ work in their training data sets.

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Copyright Infringement Artistic Work Copyright Privacy 64

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. Major record companies, including Universal Music Group, Sony Music, and Warner Music, have taken legal steps to protect their intellectual property.

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Copyright Fair Use Music Intellectual Property 52

The IPKat

MARCH 11, 2025

Since copyright is not freely transferrable under German law, he granted exclusive rights of use to the company Birkenstock. The defendant offered the following sandals for sale online: Birkenstock sued the defendant for copyright infringement. The District Court of Cologne upheld the action. According to Sec.

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Copyright Art Design Designs 71

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Nowadays, music lovers can easily stream music. The defendant no 1 i.e,

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Copyright Infringement Music Moral Rights Copyright 52

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. That is not the case.

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Copyright Infringement Copyright Social Media Fair Use 52

Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

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Copyright Infringement Copyright Artistic Work Copying 52

Plagiarism Today

AUGUST 2, 2022

Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism.

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Copyright Non-Fungible Tokens Technology Plagiarism 279

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”.

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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. However, with more advantages, some disadvantages also come into play.

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Copyright Law Copyright Law Social Media 98

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Nowadays, music lovers can easily stream music. The defendant no 1 i.e,

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Copyright Infringement Music Moral Rights Copyright 40

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.

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Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Garimella and S. Jolly (eds.)2017)

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Copyright Infringement Law Copyright Intellectual Property 52

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

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

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Designs Design Copyright Copyright Infringement 105

IPilogue

NOVEMBER 30, 2021

Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. Moral rights ensure the integrity of the work, and, when reasonable, the artist’s right to association with their work by name or pseudonym. What about copyright infringement?

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

IP and Legal Filings

JUNE 12, 2023

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. All of these elements are critical in a case of copyright infringement and must be thoroughly examined in order to reach a just and equitable conclusion.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

IP Watchdog

APRIL 5, 2024

This week in Other Barks and Bites: Judge Pauline Newman responds in district court challenge to her suspension; Over 200 musical artists sign letter imploring tech companies to stop using AI to devalue artists’ work; a California district court denies a motion from tech giants, including Google and Apple, that sought to challenge USPTO IPR rule; and (..)

Music 59

Music Artistic Work Copyright Infringement Copyright 59

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21.

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Kluwer Copyright Blog

DECEMBER 7, 2023

While the judge had held that copyright subsisted in these works, he dismissed the claims for copyright infringement on grounds that no infringement had been proved. in which copyright subsists; b. Both sides appealed to the Court of Appeal. of which Andrew Mitchell is the author; and c.

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Copyright Artistic Work Copyright Infringement Business 80

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. What could this mean for UK and Canadian copyright law? Deputy High Court Judge Stone rejected a motion by the defendants, Liking Ltd.

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Art Artistic Work Copyright Law Design 72

IP and Legal Filings

NOVEMBER 15, 2021

Due to the same reason, cyberspace can often become a breeding ground for IP infringement. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. Instances of copyright infringement in the cyberspace. Image Source: gettyimages].

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Copyright Infringement Business Copyright Trademark 97

Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. user, service)? Question 2 gave us some clues.

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The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

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Copyright Copyright Infringement Marketing Marketing 94

IP and Legal Filings

OCTOBER 12, 2023

Recipes and culinary skills are duly considered as creative expression yet they do not meet the criteria for copyright protection. So only the creative elements accompanied by the recipe can be authorised by copyright protection like some specific tips added with the cooking instructions. shall it be granted copyright protection.

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Copyright Intellectual Property Ownership Fair Use 98

The IPKat

SEPTEMBER 24, 2021

The Court of Appeal’s considerations The Court of Appeal adopted the 2 issues for determination submitted by the Appellant, which related to: appropriate defendant in photography-related copyright infringement cases and image rights cases (i.e. VMNL) or both that person and their licensee (i.e. VMNL and the Respondent in the appeal).

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Ownership Artistic Work Contracts Copyright 91

IPilogue

DECEMBER 9, 2021

Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. One defence to copyright infringement is fair dealing for the purpose of parody or satire ( s.29 29 of the Copyright Act ).

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Copyright Artistic Work Copying Intellectual Property 89

Art Law Journal

JUNE 16, 2022

And more importantly, most intellectual property attorneys will take an infringement case with statutory damages on contingency so you won’t have to pay legal fees in advance. 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

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Fair Use Copyright Law Copyright Law 105

Kluwer Copyright Blog

AUGUST 29, 2024

AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the Defendants’ control panel. However, the court found that the Defendants were entitled to rely on the defence afforded under section 51 of the Copyright, Designs and Patents Act 1988.

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Artistic Work Designs Design Copyright Infringement 49

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. Does copyright exist in tattoos? Does copyright exist in tattoos?

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SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

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Trademark Patent Patent Application Copyright 58

SpicyIP

SEPTEMBER 3, 2024

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

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. Kind of Copyright Infringement. Copyright infringement can take place in various forms in this digital era.

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Copyright Law Copyright Law Social Media 52

The IPKat

APRIL 18, 2022

Permission was also sought to add an alternative claim relating to alleged restraint of trade and copyright infringement. Restraint of trade/copyright infringement Mr Hebden also sought permission to plead a restraint of trade, should his case that the contract imposed continuing obligations upon the Domino, fail.

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Contracts Music Copyright Copyright Infringement 96

The IPKat

JUNE 2, 2023

These interpretations, acting as socially critical commentary, sparked a heated debate and consequent lawsuit from Eriksen's heirs, alleging copyright infringement. Below you see the two ‘re-elaborations’: While the District and High Courts initially sided with Eriksen's heirs, the Supreme Court offered a different perspective.

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Copyright Law Copyright Copyright Infringement Artistic Work 88