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.

Designs 52

Designs Design 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 91

Technology Licensing Artistic Work Business 91

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

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

OCTOBER 11, 2022

The Copyright law thus in this case brings into play the word “performer”; Section 2(qq) of the said Act through an inclusive definition and illustrates a list of people who can be contemplated under the tag of the performer. Original literary, dramatic, musical, and artistic works; 2. Cinematographic films; 3.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 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 Designs Design 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

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 111

Derivative Work Art Copying Fair Use 111

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

Velocity of Content

JUNE 8, 2022

As far back as the Berne Convention on Copyright (originally agreed to in 1886 by about a dozen mostly European countries and subsequently revised and acceded to by over 180 countries today), there have been legal definitions of the exclusive rights of the author to prepare “adaptations “ or “derivative works” under copyright: “ Translations, (..)

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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 Designs Design 40

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.

Designs 97

Designs Design 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 Designs Design Artistic Work 52

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

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

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

APRIL 8, 2024

In India, Section 2(d) of the Copyright Act, 1957 defines, “author” as, “ concerning any literary, dramatic, musical or artistic work which is computer generated, the person who causes the work to be created”. [9] 9] This definition particularly does not specify whether this person is a natural or a legal person.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. The court in Thaler focused on the fact that the work at issue had no human authorship, setting a clear rule for one end of the spectrum. The case, Thaler v. Kristen Maaherra , 114 F.3d

Copyright Law 52

Copyright Law Copyright Technology Registration 52

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IIPRD

AUGUST 29, 2024

It is interesting to note that the draft bills also include “OTT & Terrestrial Broadcasting Networks” within the definition of “Broadcaster” expanding the scope of regulation due to high content consumption in the two arenas. Current Broadcasting regulation in India.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Intepat

MAY 17, 2024

The notices underscored key aspects of Section 2(d)(iii) and 2(d)(vi) of the Copyright Act of 1957, which stipulate that an ‘author’ should be an artist or an individual involved in facilitating the creation of artistic work.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. Mazzuco: a linedrawing problem does exist.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IIPRD

NOVEMBER 16, 2021

Though the definition of Trade secret according to the jurisdiction varies, there are three common factors to all jurisdictional definitions: A trade secret is unknown to the relevant portion of the public in that particular trade field. It is capable enough to provide some sort of economic benefit to the holder.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

IP and Legal Filings

AUGUST 12, 2024

The International Intellectual Property Rights Conventions, such as the Paris Convention for the Protection of Industrial Property, (1883), and the Berne Convention for the Protection of Literary & Artistic Works (1886) facilitate cooperation among the nations, promote innovation, and protect creators’ rights globally.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

Kluwer Copyright Blog

AUGUST 7, 2023

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] Perhaps it is impossible to define such boundaries definitively, necessitating a case-by-case analysis. [3]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” My reasoning proceeds in several steps.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98