IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 52(1)(t) and ‘moral rights’ of the author in such work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

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 legal position in India is that fonts do not enjoy copyright protection under its copyright law, i.e. under the Copyright Act, 1957 (page 5).

Copyright 126

Copyright Artistic Work Copyright Law Law 126

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. It also protects images, photos, videos, and other written work, such as blog posts. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Hetronic International.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Today, we live in a wired world.

Copyright 98

Copyright Copyright Law Technology Artistic Work 98

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

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. Blogging and Fair Use. Copyright and Blogs.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

IP and Legal Filings

OCTOBER 12, 2023

However, in this context, the ingredient list, and the process — shall not fall under the shelter of copyright protection only the creative delivery and the images used to showcase the preparation of the recipe shall be protected by the medium of copyright laws in India. Protecting Recipes: Gaps in Indian Laws. NMIMS Law Review.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

Intellectual Property Law Blog

JUNE 16, 2023

The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

JD Supra Law

MAY 23, 2023

By: Kilpatrick Townsend & Stockton LLP

Fair Use 52

Fair Use Artistic Work Licensing Copyright 52

JD Supra Law

JUNE 29, 2023

Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark. By: Moritt Hock & Hamroff LLP

Trademark 52

Trademark Artistic Work Fair Use 52

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. This blog post is based on the findings of a pilot empirical work conducted between January and March 2023 funded by the EPSRC Trusted Autonomous Systems Hub.

Copyright 135

Copyright Ownership Social Media Licensing 135

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Copyright Lately

JANUARY 23, 2023

But before we get there, we need to ask a fundamental question: What’s a derivative work? Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. You’d be wrong. 417, 419 (1984).

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 125

Copyright Art Copyright Law Licensing 125

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use. Publicity Rights. Whitepages.

Advertising 111

Advertising Advertising Social Media Blogging 111

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. VIP Products claimed that use of the bottle shape and label on its toys was not infringement, claiming the same nominal fair use protection as I mentioned in my previous post. The law allows for exceptions. I will get to the point.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. The Copyright Law contains a list of twelve acts which constitute fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. Nowadays, music lovers can easily stream music.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. Section 52 states that educational purposes, research, or criticism are all fair use and do not constitute copyright infringement. Music lovers can now effortlessly stream music from anywhere in the world.

Music 52

Music Moral Rights Television Copyright Infringement 52

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is a term describing rights given to creators for their literary and artistic works. Internet technology is developing faster than the laws that govern it. Copyright is essentially a right to copy.

Copyright 52

Copyright Intellectual Property Copying Music 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. If so, what factors are relevant to that determination?

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

SpicyIP

NOVEMBER 19, 2023

The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar. However, the plaintiff retorted that the work was not permanently situated in the public space.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

LexBlog IP

JUNE 16, 2023

The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement. Nowadays, music lovers can easily stream music.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40