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Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only duediligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity? Copyright Act or Design Act?
With no hidden atrocities the labor intended to be associated with the innovation should be given their duediligence and the public can to emanate from the same. These rights have the sole purpose and that it so protects and confer the creation or an invention specific to a certain period.
So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some duediligence to establish that there is no obvious infringement. Literary, dramatic, musical, and artisticworks are only protected by copyright if they are “original”.
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 ArtisticWorks, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.
Under the Copyright Act 1968 (Cth), copyright of a literary, dramatic, musical or artisticwork includes the exclusive right to reproduce the work in a material form, publish the work and communicate the work to the public. Multiple pieces of copyright material may exist in a single digital work.
So, what was the work registered under Copyright #102327 on June 9, 1953.? The original copyright certificate simply says that Seabrook registered an “unpublished literary and artisticwork entitled Ogopogo”. An unpublished work can be copyrighted as long as it is “fixed”, but since it was unpublished, it may no longer exist.
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