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

Art 72

Art Artistic Work Copyright Law Designs 72

The IPKat

AUGUST 29, 2022

The court did not elaborate on the technical features of the NFTs, nor did it comment on the legal definition of same in rendering its decision. This decision is significant as being the first court judgment in Turkey related to NFTs and recognizing that NFTs can be subject to a preliminary injunction.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

The IPKat

JANUARY 24, 2023

Copyright law, with its protection of materials ranging from literary, musical and artistic works to cinematograph films and computer programs, etc. Authorisation is also (mostly) straightforward to the extent that one may approach the relevant copyright owner and procure a licence to use the work.

Government 136

Government Ownership Copyright Law Artistic Work 136

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

OCTOBER 12, 2022

Copyright protection is extendable to any artistic work that is original and is creative. Section 2(c) of the Copyright Act defines what “artistic work” is. This “artistic work” includes any drawing regardless of whether it possesses any artistic quality, and also includes any other works of artistic craftsmanship.

Design 52

Design Designs Copyright Artistic Work 52

SpicyIP

JANUARY 16, 2022

Finding that Novex Communications (the assignee of the copyright) did not fall within the definition of the copyright society, the High Court dismissed its petition seeking for damages and injunction. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. paragraph 48).

Technology 90

Technology Licensing Artistic Work Business 90

IPilogue

MARCH 31, 2023

assisted works could be given protection and whether I could get an image I had made with an A.I. as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. As Raghav contributed its own creativity, it fulfilled the definition of joint authorship under section 2.

Registration 105

Registration Copyright Ownership Artistic Work 105

IP and Legal Filings

MAY 24, 2024

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Branding 104

The IPKat

JANUARY 28, 2023

Those Allied and Associated Powers, which were parties to the Paris Convention on Industrial Property or the Berne Convention on Literary and Artistic Works, also suspended their obligations vis-à-vis Germany under these conventions. However, they never formally withdrew from either of the conventions. First, under art.

Art 131

Art IP Intellectual Property Artistic Work 131

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IPilogue

SEPTEMBER 23, 2021

It would seem unnatural, for example, to read “maker” as referring to both a “sound recording” and a “work”. 2 of the Act defines “maker” as referring to both a work and a sound recording. Does that definition apply here so as to disturb the apparent pattern of paras. (a) That however overlooks the fact that s. a) and (b)?

Ownership 92

Ownership Copyright Intellectual Property Designs 92

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. Copyright is basically the legal protection given to any creator of an original literary or artistic work. Online Piracy.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

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. The Act, however, omits any definition or methodology for judging a work’s originality.

Copyright 98

Copyright Public Domain Copying Publishing 98

Intepat

DECEMBER 12, 2024

For example, in an application with a GUI, the software code that enables a button to function when clicked is protected as a literary work, covering the specific way it was written and organised. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

Copyright 52

Copyright Artistic Work Design Patent Design 52

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Design Designs Copyright 45

43(B)log

SEPTEMBER 1, 2021

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. Did Mandabach have valid marks?

Social Media 93

Social Media Television False Advertising Artistic Work 93

azrights

AUGUST 11, 2022

Literary, dramatic, musical, and artistic works are only protected by copyright if they are “original”. In 1988 when these laws were introduced, “original” meant a work must be the product of the “skill, labour or judgement” of its author. It is unclear how these concepts apply to some of the AI generated works.

Copyright 97

Copyright Due Diligence Designs Design 97

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

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. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

IPilogue

MARCH 1, 2022

I would tell other small businesses that if you are serious about your brand and business, definitely look into protecting what’s yours. ” Kaitlin (K): “My advice would be to not undervalue your work, no matter its scale or the size of your platform. It definitely got my accounts where they are today.

Social Media 105

Social Media IP Business Branding 105

IP and Legal Filings

SEPTEMBER 11, 2024

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] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It When it comes to songs, copyright gets pretty interesting.

Music 103

Music Copyright Ownership Copyright Law 103

Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”.

Fair Use 55

Fair Use Copying Artistic Work Artwork 55

IP and Legal Filings

JANUARY 24, 2023

Even though no legal definition has been ascribed to the term as of yet, but broadly it is perceived as the ability of the machines to perform work which require human intelligence. [1] Introduction The usage of artificial intelligence has been increasing over the years. 5] In USA, the court in the case of Fiest Publication Inc.

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

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. Definition. Usually, any type of infringement of copyrighted work goes against the law of the land. However, certain cases of usage of copyright work for various reasons are allowed.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Copyright Lately

JANUARY 23, 2023

You might assume that the concept of a “derivative work” under copyright law would be simple to define. Sure, there’s a definition included in the 1976 Copyright Act itself, but barrels of ink have been spilled by copyright lawyers, scholars and judges trying to make sense of what it actually means. You’d be wrong. 17 U.S.C. §

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Photographic works. . To qualify as a photographic work, a photograph must meet the general “creativity” ( creatività ) threshold.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Copyright and Blogs.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IIPRD

JUNE 14, 2021

Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable. Most importantly, a distinct definition of “fashion design” should be included in the Designs Act, 2000. Protection under the Copyright Act, 1957.

Intellectual Property 40

Intellectual Property Artistic Work Design Designs 40

SpicyIP

DECEMBER 15, 2023

In the European Union, AI-generated work is generally considered to belong to the human creator if there is sufficient human oversight in the creation process. However, the definition of what constitutes “sufficient” human oversight remains ambiguous.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Selvam & Selvam Blog

JULY 19, 2021

Well, there is no conclusive answer to the definition of ‘intelligence’ and over the years there is no agreement even among AI researchers on the definition of ‘intelligence’. Simply put Artificial intelligence (AI) is non biological intelligence. But what is ‘intelligence’?

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

IP and Legal Filings

APRIL 24, 2023

The definition of Design under the new Act has been widened. Designs are registered in different classes as per the Locarno Agreement. It is used to classify goods for the purposes of the registration of industrial designs which further helps in design searches.

Design 97

Design Designs Registration Law 97

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artistic work under Section 2(c) of the Copyright Act. The organisation, system, strategy, or method for doing a certain thing or procedure is not protected by copyright.

Intellectual Property 52

Intellectual Property Design Designs Artistic Work 52

Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. However, the issue of concept protection still exists. right to copyright will exist.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” Namely, in works which are computer-generated, the author “shall be taken to be the person by whom the arrangements necessary for the creation of the work.”

Copyright Law 69

Copyright Law Copyright Public Domain Artistic Work 69

IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. Copyright is essentially a right to copy.

Copyright 52

Copyright Intellectual Property Copying Music 52

IIPRD

JUNE 8, 2024

Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff. Mr. Tharun and his company designed and produced a minimum of twenty models with distinctive designs and creative work that was either printed or stitched onto the fabric. 7] The Copyright Act, 1957, s 44. [8]

Intellectual Property 52

Intellectual Property Design Designs Branding 52