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.

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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.

Copyright Infringement 52

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. §

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Copyright Infringement Copyright Artistic Work Copying 52

IP and Legal Filings

OCTOBER 23, 2021

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. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work.

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Copyright Copyright Law Technology Artistic Work 98

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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Copyright Ownership Social Media Licensing 135

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.

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Copyright Infringement Music Moral Rights Copyright 40

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The producers have broadened monetization prospects with separate licensing agreements with traditional broadcasters and OTT platforms. If viewers are able to access these contents for free then the amount of revenue generated from licensing of intellectual property will be far below estimations.

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Cease and Desist Licensing Intellectual Property Copyright 98

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

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

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3] Garimella and S. Jolly (eds.)2017)

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Copyright Infringement Law Copyright Intellectual Property 52

The IPKat

SEPTEMBER 24, 2021

The Federal High Court dismissed the suit holding that the Respondent/Defendant’s use of the Appellant/Plaintiff’s image was not a violation of her right under the Copyright Act or the tort of passing off. Consequently, the appropriate defendant in this case was either the person directly involved with/in the taking of the photograph (i.e.

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Ownership Artistic Work Contracts Copyright 91

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 59

IPilogue

NOVEMBER 17, 2021

The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

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Ownership Intellectual Property Artwork Copyright Law 102

The IPKat

JULY 6, 2023

Tesco alleged that, on the other hand, the cost to it of eradicating the infringing signs would exceed £7m, and therefore an injunction would be oppressive to it.

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Copyright Copyright Infringement Marketing Marketing 94

Art Law Journal

JUNE 16, 2022

Actual damages represent the money that would have been received if the artist had sold or licensed it to the infringer. To illustrate this concept, let’s continue with the infringement scenario discussed earlier. Your fee for licensing work to a blog is $400, so the actual damage is the loss of that licensing fee.

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Copyright Infringement Artwork Copyright Registration 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 125

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Copyright involves the exclusive right to reproduce and distribute the original work.

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Music Moral Rights Television Copyright Infringement 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

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

IP and Legal Filings

JANUARY 31, 2023

This may be simpler in the case of employee-created works that will be converted into digital or NFT assets, but less so when an independent contributor is involved. Ripps [v] , which involves trademark infringement concerning the Bored Ape Yacht Club NFTs, and Hunley v.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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Artistic Work Ownership Copyright Infringement Copyright 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

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Litigation Copying Copyright Designs 143

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties. When it comes to songs, copyright gets pretty interesting.

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Music Copyright Ownership Copyright Law 103

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Or is it the copyright symbol with the small ‘C’ inside you think about instantly?

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Moral Rights Copyright Intellectual Property Licensing 52

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. Global Perspective.

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Fair Use Copyright Law Copyright Law 52

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

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Intellectual Property Cease and Desist Copyright Law Music 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? If it’s really just a backdoor attempt to control the artistic works used in the training sets, the claim is likely preempted by the Copyright Act.

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Derivative Work Art Copying Fair Use 113

Traverse Legal Blog

OCTOBER 20, 2022

Can NFTs Reflect Ownership License Rights or Other IP? The NFT project owner needs to secure the IP rights from the copyright owner before linking and minting the NFT. If the NFT project then sells the NFT linked to a digital work to a NFT buyer, that NFT buyer would also be infringing. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

APRIL 24, 2023

Infringement of Designs under the Act Infringement of a copyright in design is termed as “Piracy of a registered Design” It is not lawful for any person during the existence of copyright to do the following acts without the consent or license of the registered proprietor of the design.

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Designs Design Registration Law 97

SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Microsoft Technology Licensing LLC v. Controller of Patents.

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Trademark Invention Licensing Patent 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. Therefore, AI may not equipped for generating an original work. Saudi Arabia has allowed citizenship to an AI humanoid robot, Sophia in 2017.

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Ownership Moral Rights Public Domain Intellectual Property 90

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

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Copyright Fair Use Registration Ownership 52

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’. Who owns the copyright?

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Copyright Intellectual Property Ownership Intellectual Property Law 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.

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Music Law Copyright Intellectual Property 52

IIPRD

OCTOBER 17, 2022

Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement. Copyright Infringement. Copyright is a legal right of the owner of intellectual property. This right is given to literary and artistic work like music, etc. Later it was settled.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7]

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Art Artwork Intellectual Property Copyright Law 52