Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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IP and Legal Filings

JULY 13, 2022

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. Fashion Copyright. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner.

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IP and Legal Filings

AUGUST 6, 2024

INTRODUCTION In the world of intellectual property, copyright is an important means of protecting original works of authors. For writers, artists, musicians and other creators in India, knowing how to register their copyrights can be a valuable asset. What is Copyright? Why Should One Register Copyright?

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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. Let’s see more in detail how the judge reasoned.

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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. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. It originated in the American case of Cain v.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. It also mentioned that their copyright assignment wasn’t valid.

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The IPKat

FEBRUARY 4, 2025

Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The reproduced elements did not constitute a substantial part and therefore did not amount to copyright infringement.

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IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. In India, this protection is given by the Copyright Act, 1957.

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IP and Legal Filings

NOVEMBER 10, 2022

One of the most important forms of intellectual property is copyright. A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Under Singapore’s Copyright Act , it is a criminal offense for a person or company to conduct wilful copyright infringement.

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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. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

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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? The Berne Convention solidified it.

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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 Right to Create and Sell NFTs.

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IP and Legal Filings

JUNE 12, 2023

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. A parody, by its nature, requires the audience to recognize the original work, and the way the work is critiqued or ridiculed.

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IP and Legal Filings

MARCH 9, 2022

If a singer, at a concert, was to sing in a melodious way, in an impromptu manner, i.e., there were no prior existing lyrics or melody, would such a singer be considered an author of the lyrics and the music, apart from being a performer Under Indian Copyright Law ? INTER-RELATIONSHIP BETWEEN PERFORMER, PERFORMANCE, AND A WORK.

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IPilogue

FEBRUARY 4, 2022

Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Section 15 (1) (a)-(g) of the Copyright Act, C28, Laws of the Federal Republic of Nigeria (“LFN”), 2004 , provides several acts that amount to copyright infringement in Nigeria.

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IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. TYPES OF COPYRIGHT VIOLATION. selling or trading the clones of the infringed work.

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IP and Legal Filings

SEPTEMBER 20, 2023

This uncertainty raises the question as to whetherYoga Asanas be copyrighted?Through Yoga poses and copyrightability The question of the copyrightability of Yoga Asanas has two aspects- the copyrightability of a new Asana and the copyrightability of a new type/ sequence of Yoga Asanas.

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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. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.

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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.

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IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more.

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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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IP and Legal Filings

OCTOBER 12, 2023

Main Body The subject matter of copyright protection is the literary, artistic, dramatic, musical, and cinematographic films and sound recordings, whichare governed by the Indian Copyright Act, 1957 which allows creators to distribute, reproduce, sell, assign, and display their work by ensuring the protection of their intellectual property.

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The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. The toy is filled with comedic references related to dogs, but it’s no laughing matter to Jack Daniel’s.

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Kluwer Copyright Blog

FEBRUARY 8, 2023

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). One important question has been whether copyright law should be extended in order to protect such works.

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IP and Legal Filings

SEPTEMBER 11, 2024

While traditional copyright protects human-authored works, the lack of a singular human creator in AI-powered music throws a wrench in the system. [1] 1] This Paper explores the potential justifications for and against copyright protection for music composed by artificial intelligence (“AI”).

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IP and Legal Filings

JANUARY 24, 2023

In this article I will look into two main questions, firstly, who owns/ who should own the copyright in AI (ii) whether AI satisfies the criteria of human element in AI. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

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The IPKat

JULY 6, 2023

Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days ago, the High Court of England and Wales (the Court) granted a final injunction in respect of Tesco’s infringement of Lidl’s copyright in its blue-and-yellow logo.

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Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. 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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SpicyIP

SEPTEMBER 3, 2024

issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos and promotional materials on the website [link]. His previous posts can be accessed here. ] On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v.

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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. Yet the Act does not define what “original” clearly means.

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IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c. Part I of the Act deals with the ownership of copyright in works. Section 13(1) provides that the author of a work is its first copyright owner.

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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. Google, Inc.

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azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

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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. Copyright protection will be available if the presentation is unique.

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IPilogue

DECEMBER 13, 2021

Flashing back to 2016, only a year after Snapchat first launched its filters (more commonly referred to then as “ Lenses ”), the app introduced a design closely resembling, if not an exact replica of the rainbow teary-eyed makeup look by artist Mykie. Let’s dive into the copyright landscape to further explore this subject.

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Kashishipr

MARCH 16, 2022

If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement. Copyright safeguards the original works of authorship like music and lyrics, novels, software, paintings, to name a few.

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IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. 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. Copyright infringement occurs in cyberspace for various reasons.

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