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.

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Velocity of Content

JUNE 8, 2022

The novel, however, was published before text of the play. Peter Pan, or The Boy Who Wouldn’t Grow Up” (1904 stage play, including occasional revisions through 1928, when the script of the play is published). And the 1911 content reused in these works may actually be in the public domain already. And yes, I verbed a noun.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

What made it truly groundbreaking was that instead of naming the publisher, it changed to name the author as the true holder of the copyright, effectively bringing an end to three centuries’ monopoly of the Stationers’ Company in England. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

What made it truly groundbreaking was that instead of naming the publisher, it changed to name the author as the true holder of the copyright, effectively bringing an end to three centuries’ monopoly of the Stationers’ Company in England. So what kind of works, provided they meet the requirement, qualify for copyright protection?

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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.,

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IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. This makes it difficult for the creator to control the dissemination of their works. For content piracy, Takeshobo Inc., They sought an injunction and a compensation of 460 million JPY (around $4 USD).

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. 37, 2018). [3]

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SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Please drop a comment and let us know. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

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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. This duty to disclaim includes AI-generated content in new, pending and issued registrations.

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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. by Dennis Crouch.

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43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them.

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LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. News America Publishing, Inc.], Rogers , 875 F.2d ” Id. ” Id. In VIP Products v.

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43(B)log

OCTOBER 4, 2021

They worked together for many years but Covid disrupted the relationship as PTRA decided to move the Rose Bowl to a state that wasn’t as worried about Covid. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

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Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

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SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957.

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