The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. The UK test remains informed by CJEU case law even following the completion of Brexit.

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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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IPilogue

AUGUST 16, 2022

Raenelle Manning is an IPilogue Writer and 2L JD Candidate at Osgoode Hall Law School. 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. According to the Copyright Act RSC 1985, c. v AirG Inc.

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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. Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI.

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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.

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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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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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Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works.

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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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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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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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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

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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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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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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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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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IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. What Is Copyright? Literary Works Other than Computer Programs. Musical Works.

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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. This is certainly a copyright infringement.

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IPilogue

NOVEMBER 30, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. What about copyright infringement? Old Laws Protect New Trends.

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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.

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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

IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. Liking”), to strike out Water Rower (UK) Ltd.’s

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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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SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India. Read the post for more details.

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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. in which copyright subsists; b. Both sides appealed to the Court of Appeal. of which THJ is the owner ”.

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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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IP and Legal Filings

OCTOBER 12, 2023

However, in this context, the ingredient list, and the process — shall not fall under the shelter of copyright protection only the creative delivery and the images used to showcase the preparation of the recipe shall be protected by the medium of copyright laws in India. shall it be granted copyright protection.

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Copyright Intellectual Property Ownership Fair Use 98

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

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SpicyIP

SEPTEMBER 3, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. This doctrine has been recognized under the TRIPS agreement and different nations have the discretion to make differing laws as to this doctrine. www.haute24.com com & Ors.

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Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. If output works infringe copyright, who is responsible (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs?

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IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. 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.

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IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work.

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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. As its essential characteristic, a parody must evoke a pre-existing work but must at the same time display visible differences so that there is no risk of confusion.

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Intepat

OCTOBER 16, 2024

International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws. These treaties set out minimum standards for IP protection and enforcement that member countries must incorporate into their national laws.

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The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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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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