Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Section 2(c) of the Copyright Act 1957 states that a copyright covers what is referred to as an artistic work, when interpreted in relation to the protection of jewellery through intellectual property, it may be deemed that the initial artistic sketch on which the design is based will be subject to copyright protection.

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

2534, governs the trademark procedure, even though Trademark registration is not mandatory in Thailand. 2522 , governs the patent protection process. In Thailand where the global businesses are growing, it is very important to ensure they secure trademarks and enjoy exclusivity and unique identity. The Trademark Act B.E

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The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. Indeed, the CAB lives up to its core objectives as set out in its long title.

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Copyright Music Artistic Work Contracts 132

The IPKat

NOVEMBER 20, 2022

In July 2022, the Governments of Nigeria and Germany executed a Joint Declaration regarding the repatriation to Nigeria of ancient Benin bronzes looted during the colonial era. His work alludes to important questions about the propriety of embodying ownership and control of cultural heritage materials in a federal government agency (i.e.,

Ownership 96

Ownership Copyright Intellectual Property Law Government 96

SpicyIP

SEPTEMBER 11, 2023

The picture would hopefully get clearer as and when some tangible actions take place since cultural heritage has complex branches like cultural expressions, architecture, artistic works, traditional knowledge, indigenous techniques, trade secrets et al with each having different requirements.

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Artistic Work Technology Government IP 104

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. It does not continue in perpetuity. ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

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Copyright Artistic Work Registration Music 98

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. The steps taken by the Government of India are as follows: Startup India Initiative.

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Intellectual Property Government Invention Branding 98

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

AUGUST 6, 2024

In India, copyright protection automatically exists by the mere act of creating a work hence no need for registration of the work to enforce copyright or seek legal redress when infringed. Copyright protection under these agreements arises immediately when a work is created. Every application relates to individual work only.

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Registration Copyright Intellectual Property Artistic Work 111

IP and Legal Filings

NOVEMBER 10, 2022

Originality simply means that there is a degree of independent effort in the creation of the work. It is not a question of whether the work has creative merit. The Copyright Act is the primary intellectual property law governing copyright protection in Singapore. There is no formal registration process required to be completed.

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Copyright Intellectual Property Registration Copyright Infringement 97

TorrentFreak

JUNE 2, 2024

The service, which isn’t named by the Ministry, reportedly had more than 14,000 subscribers who paid between 10 and 19 euros per month, resulting in “damage to the rights of the authors, producers and distributors of these artistic works.” Which 16 websites the Spanish government is referring to as blocked is unclear.

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Reporting Artistic Work Business Television 117

Technology & Marketing Law Blog

AUGUST 3, 2021

In that case, the federal claims ought to be governed by the federal anti-SLAPP law we really need). Exceptions : The statute contains several exceptions. In particular, Washington added an exclusion for federal claims (this exclusion isn’t in the uniform law). However, federal law often provides for enforcement in state court.

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Law Litigation Government Advertising 144

IIPRD

APRIL 3, 2024

This is evidenced by the numerous Geographical Indication tags endowed on various textiles and hand-looms throughout the country by the government. [2] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

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Designs Design Copyright Copyright Infringement 105

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.

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Non-Fungible Tokens Art Trademark Branding 104

IP and Legal Filings

OCTOBER 12, 2022

Copyright protection in India is governed by the Copyright Act, 1957 (“Copyright Act”). 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. Position of Jewelry Protection in India.

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Designs Design Copyright Artistic Work 52

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.

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Art IP Intellectual Property Artistic Work 131

IP and Legal Filings

OCTOBER 12, 2023

Main Body The subject matter of copyright protection is the literary, artistic, dramatic, musical, and cinematographic films and sound recordings, whichare governed by the Indian Copyright Act, 1957 which allows creators to distribute, reproduce, sell, assign, and display their work by ensuring the protection of their intellectual property.

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Copyright Intellectual Property Ownership Fair Use 98

The IP Law Blog

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

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Confidentiality Invention Business Artistic Work 113

The IPKat

SEPTEMBER 24, 2021

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

SpicyIP

AUGUST 2, 2021

In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957. Call for Applications: Research Positions at Center for Communication Governance (CCG) at NLU, Delhi. Fonts and Typefaces: Are they Copyrightable?

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Reporting Designs Design IP 116

SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

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Artwork Copying Contracts Copyright 90

Intepat

OCTOBER 7, 2022

This means protecting significant rights to their original works. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Protection of an Artistic Work–.

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Intellectual Property Designs Design Artwork 59

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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Registration Copyright Artistic Work Ownership 52

IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. By repealing the Consumer Protection Act 2019, the government recognized the critical need to protect consumers from misleading advertisements for products endorsed by such celebrities.

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Privacy Law Intellectual Property Music 98

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

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Intellectual Property Designs Design Artwork 52

LexBlog IP

JUNE 8, 2023

Grimaldi , weighs two factors: (1) artistic relevance of the work at issue; and (2) whether use of the other party’s mark nonetheless “explicitly misleads as to the source or the content of the work.” 2” where JACK DANIEL’S and “Old No. 7” would appear.

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Artistic Work Trademark Designs Design 52

IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc.

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Copyright Law Copyright Law Social Media 98

IP and Legal Filings

OCTOBER 30, 2022

government cannot enforce rights for private individuals in the Philippines. A logo or device (excluding word elements) may be considered an artistic work and subject to copyright protection. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. Conclusion.

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Trademark Intellectual Property Registration IP 98

IIPRD

MARCH 1, 2023

Drawing upon the same, the ‘Artists Rights Directive’ was implemented by the European Union in 2001, which thereby declared Re-sale rights to be “unassailable and inalienable, enjoyed by the author of an original work of graphic or plastic art.” Berne convention for the protection of literary and artistic works, 1886 3.

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Artwork Intellectual Property Journalism Moral Rights 98

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.

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Intellectual Property Invention Artistic Work Copyright 75

IP Whiteboard

JULY 19, 2020

The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. What brought about the dispute?

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Copyright Law Government Public Domain 52

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.

Copyright 89

Copyright Branding Brands Branding 89

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. The predominant view was that more time is needed to properly evaluate the options.

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Copyright Due Diligence Designs Design 97

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical. Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. India, Paris Convention and TRIPS.” ‘ Economic and Political Weekly’ 33, no. 5] Alikhan, Shahid.

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Intellectual Property Artistic Work Registration Copyright 52