The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright. As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human.

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Copyright Artistic Work Copyright Law Contracts 145

Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. On the facts, the BGH could also not conclude that the appeals court had made relevant errors.

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Copyright Art Design Designs 52

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

Copyright 105

Copyright Artistic Work Copyright Law Art 105

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

PROTECTION AS COPYRIGHT OR DESIGNS To decide whether jewellery can be protected through copyright or design laws, it is necessary to understand the difference between the two. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

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Intellectual Property Artistic Work Design Designs 98

IP and Legal Filings

JULY 13, 2022

Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. Copyright Act or Design Act?

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Copyright Artistic Work Design Designs 95

Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. Artistic craftsmanship As discussed above, copyright protection in the UK covers only a restrictive list of works.

Copyright Law 64

Copyright Law Law Copyright Intellectual Property Law 64

IP and Legal Filings

SEPTEMBER 20, 2023

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. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright? Musical Works.

Design 105

Design Designs Copyright Copyright Infringement 105

IP and Legal Filings

NOVEMBER 10, 2022

Copyright protects works like literary, computer programs, plays, music and paintings. It is not ideas but their expression that are protected by copyright law. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

Copyright 97

Copyright Intellectual Property Registration Copyright Infringement 97

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

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Marketing Marketing Copyright Copyright Law 116

IP and Legal Filings

AUGUST 6, 2024

Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration. If creators really wish to ensure the protection of their intellectual rights, they can gain enormous amount of knowledge by regularly studying the Indian copyright law techniques.

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Registration Copyright Intellectual Property Artistic Work 111

IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

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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Derivative Work Editing Copyright Music 137

Selvam & Selvam Blog

JULY 19, 2021

Intelligence in reference to Artificial intelligence is divided into narrow intelligence and general intelligence. India, under Section 2(d) of the Copyright Act, 1957, states that copyright for a computer-generated work is granted to the person who causes the work to be created.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

IP and Legal Filings

SEPTEMBER 20, 2023

But, as an exception, the doctrine of merger provides that if the expression of an idea is merged with the idea itself, then such an expression can also be denied copyright protectio n. The absence of this doctrine would defeat the very purpose of copyright law. qualifies for copyright protection. of India, L.P.

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Copyright Copyright Law Invention Public Domain 98

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

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.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

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.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. References 1. The Copyright Act, 1957 2. Yoo, Christopher.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

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. For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2]

Music 103

Music Copyright Ownership Copyright Law 103

IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. Instances of copyright infringement in the cyberspace. Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works.

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

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. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

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Advertising Advertising Copyright Branding 103

IPilogue

FEBRUARY 4, 2022

It is important to note that copyright law does not protect the idea behind the work, but the expression of work. The fact that a latter work bears some similarity to an existing work does not, on its own, amount to infringement of the reproduction right. CONCLUSION.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

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. Protecting Recipes: Gaps in Indian Laws.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. But that’s none of my business. <Sips

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. The post Is The ‘Art’ Of Food Plating Copyrightable appeared first on Intepat IP.

Art 52

Art Copyright Artistic Work Moral Rights 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. 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.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

IPilogue

NOVEMBER 30, 2021

If an image is attached to an NFT, does that mean I own the copyright for that image? Where an NFT buyer has purchased an image, they do not necessarily receive the copyright associated with that image. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

The IPKat

SEPTEMBER 7, 2024

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries.

Art 83

Art Copyright Design Designs 83

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. In law, the quality of an idea’s expression is given more weight.

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Copyright Public Domain Copying Publishing 98

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. Copyright laws also provide plausible remedies for enforcing one’s right to personality. Rajagopal v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

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. Copyrighting Art.

Art 52

Art Copyright Artistic Work Public Domain 52

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc.

Copyright Law 59

Copyright Law Branding Branding Brands 59

IPilogue

SEPTEMBER 23, 2021

.” At first sight, the words in (a) — “work, performer’s performance, sound recording or communication signal” — appear to be paired with those in (b), in the same order, to mean “author [of a work], performer [of a performer’s performance], maker [of a sound recording], or broadcaster [of a communication signal]”. Section 34.1(1)

Ownership 92

Ownership Copyright Intellectual Property Design 92

azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

Copyright 97

Copyright Due Diligence Design Designs 97

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. North Star Entertainment Pvt. Ltd ” [10].,

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