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. Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators.

Copyright 135

Copyright Ownership Social Media Licensing 135

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.

Art 72

Art Artistic Work Copyright Law Designs 72

The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The second question discussed is the liability of intermediaries.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

Art Law Journal

JUNE 16, 2022

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. What qualifies as an infringement of artwork? Let’s find out.

Copyright Infringement 52

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.,

Copyright 125

Copyright Art Copyright Law Licensing 125

SpicyIP

SEPTEMBER 16, 2024

On these grounds, the Court held that CIPL’s use of the similar logo infringed Lacoste’s trademark rights in India. Academic Games League (1996), in which the Ninth Circuit had held that “ideas contained in a copyrighted work may be freely used so long as the copyrighted expression is not wholly appropriated.”

Trademark 81

Trademark Branding Branding Brands 81

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your 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.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

JUNE 24, 2024

3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. 36/37 (1998): 2334– 35. [4]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. Conclusion A long judgment often indicates a lot of evidence, or a complex legal case.

Copyright 64

Copyright Copying Design Designs 64

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. Xpectation” [37] : Takeaways.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. ” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. Acuff-Rose Music, Inc. , “And I mean that literally.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. X wins copyright infringement case against 17 music publishers.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

JUNE 20, 2023

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

SEPTEMBER 29, 2024

Countrywide Promoters Private Limited vs Navraj Infratech Private Limited on 19 September, 2024 (Delhi High Court) The plaintiff filed a suit against the defendant for copyright infringement, passing off, and unfair trade practices regarding an architectural design, the “Artistic Work/Device” created by Upton-Hansen Architects Ltd.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

SpicyIP

MARCH 17, 2025

Highlighting Azure’s argument that PPL is not a copyright society and thus, cannot license out these recordings, SpicyIP intern Anushka Dhankar argues that the judgement fails to substantively engage with previous interpretations of different courts on this issue and thus leaves the controversy still unaddressed.

Licensing 59

Licensing Law Cease and Desist Copyright 59