Kluwer Copyright Blog

AUGUST 29, 2024

This was on the basis that the control panel itself could not be considered an “artistic work”. That means we finally might have clarity in the UK on whether a work that is a 3D work, has to be an ‘artistic work’ in order for copyright to be enforced; in other words: does the Cofemel approach apply in the UK or not?

Artistic Work 50

Artistic Work Designs Design Copyright Infringement 50

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

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

Artwork 98

Artwork Blogging Art Copyright 98

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. Modak and Ors.

Copyright 89

Copyright Branding Branding Brands 89

SpicyIP

DECEMBER 15, 2023

suggest that highlighting tokens with the highest predicted likelihood of being edited by a programmer leads to faster task completion and more targeted edits. Helena Vasconcelos (et.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

IP and Legal Filings

JANUARY 24, 2023

Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. In India, section 14 of the Copyright Act [2] defines copyright in terms of the exclusive rights granted to the owner of the copyright. [3]

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

Velocity of Content

JUNE 8, 2022

I read it a least a dozen times – play and novel — when I was a young fellow, and again recently ( Annotated Edition ). Aside to the reader: I love Barrie’s original Peter Pan.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

IPilogue

MARCH 1, 2022

This interview has been edited for brevity and clarity; all emphases are mine. This article was prompted in part by Tabathia, also known as The Adorned Fox (“TAF”), whose post on trademarking her brand spurred me to reach out and learn more about her experience. Emily (E): What prompted you to protect TAF and trademark your brand?

Social Media 105

Social Media IP Business Branding 105

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. These rights remain with the creator of an original work protected by copyright law even if other rights are transferred to someone else since they are provided to protect the work from damage, mutilation, and distortion.

Music 52

Music Moral Rights Television Copyright Infringement 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

This cuts down on repetitive corrections or edits in the designs. It increases time management and provides multiple options for the consideration of the designers while attending to all necessary criteria. The main addition to these shoes was the addition of a lattice-like sole.

Designs 52

Designs Design Intellectual Property Law Artistic Work 52

LexBlog IP

OCTOBER 3, 2023

Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” ” Where AI alone creates a work, this point seems clear. It cited its AI Registration Guidance, 88 Fed.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

LexBlog IP

SEPTEMBER 15, 2022

February 2022: Nike sues online retailer StockX for trademark infringement based on StockX’s sale of NFTs for limited edition Nike sneakers that include images of the sneaker. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. This issue was very recently seen in the case of the limited-edition Ferrari 250 GTO.

Editing 105

Editing Law IP Designs 105

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator.

Artwork 52

Artwork Art Social Media Marketing 52

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

IP Whiteboard

JUNE 7, 2021

Under the Copyright Act 1968 (Cth), copyright of a literary, dramatic, musical or artistic work 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.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Kluwer Copyright Blog

APRIL 17, 2024

Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. In contrast, the CIPO has arguably adopted a more liberal attitude to computer-generated works.

Artistic Work 111

Artistic Work Registration Copyright Ownership 111

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

Kluwer Copyright Blog

AUGUST 18, 2024

Some or all of these comments and changes may be included in the work after which it will be formally accepted for publication. This version of the work is usually named author accepted manuscript (AAM). Source: HEFCE The next step is about applying the copy-editing and typesetting processes specific to each publisher.

Journalism 69

Journalism Publishing Contracts Ownership 69

Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

Dragons' Den

APRIL 4, 2024

The length of copyright depends on the type of work. For artistic work copyright protection lasts 70 years after the author’s death. There isn’t a register of copyright works in the UK. Whether you mark the work or not doesn’t affect the level of protection you have.

Blogging 40

Blogging IP Artwork Artistic Work 40

Kluwer Copyright Blog

MARCH 1, 2023

If heightened First Amendment protections are not put in place, the threat of costly legal proceedings may cause creators to avoid the use of trademarks in their artistic works. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

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

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. The First Amendment does not protect only the successful minimalist, the well-edited, the artfully terse, or the unambiguously clear. Rogers , 875 F.2d

Trademark 52

Trademark Intellectual Property Branding Branding 52

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

AI processes can generate a large number of literary, musical and artistic works in the span of several seconds. In light of the term of protection, if these works are automatically covered by copyright law, then the public domain will inevitably be jeopardised, and for a very long time.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

Kluwer Copyright Blog

MARCH 30, 2022

They prevent copyright from extending to all types of human behaviour involving literary and artistic works, providing the legendary ‘breathing space’ for users. Intellectual Property Law in China, 2nd edition. 163), then all the more so with limitations. Nonetheless, the views expressed herein are solely those of the author.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

DECEMBER 10, 2024

51 CDPA, which in essence prevents copyright in a functional non-artistic article being infringed unless it is it is an artistic work, the Claimant needed the WaterRower to fall within one of the specified works in the CDPAs closed list, specifically work of artistic craftmanship.

Law 52

Law Designs Design Copyright 52

IPilogue

SEPTEMBER 23, 2021

15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. To call the result a stalemate would stultify the point of having presumptions at all and would anyway probably be contrary to art. 5 reads:

Ownership 92

Ownership Copyright Intellectual Property Designs 92

IPilogue

JULY 27, 2022

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. additional editions on average after it enters the public domain.

Public Domain 130

Public Domain Copyright Artistic Work Registration 130

43(B)log

OCTOBER 4, 2021

It was insufficient to allege that Simplify “has deprived [him] of the fundamental value of his name and abilities with regard to editing the publication,” or that his inability to control the quality of the work “depriv[ed] him of the ability to maintain his reputation and standing in the marketplace.” But Abrahams failed to do so.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

JULY 10, 2024

Hussain Dalal , the Delhi High Court held that a dialogue in the movie ‘Yeh Jawaani Hai Deewani’ which incidentally comments on Roohafza has the potential to tarnish the reputation of the Roohafza brand and hence must be edited out before releasing the home video version. The Courts in the cases of India TV Independent News Service v.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49