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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Garrigues Blog

MARCH 27, 2025

Firstly, it seems clear that any element that is included in a board game and meets the originality criterion, constitutes a literary or artistic work, depending on its nature. Drawings, designs, figures or characters can be classified as artistic works. The most authoritative doctrine appears to hold this position.

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IPilogue

SEPTEMBER 20, 2021

In August of 2021, India’s copyright office recognized the RAGHAV Painting App, an artificial intelligence tool, as the co-author of a copyright-protected artistic work , Suryast. However, recent developments in India may signal the emergence of a new era of protection extending beyond humans to include artificial intelligence.

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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. Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

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Michael Geist

JUNE 3, 2022

Given its role and reputation, when it engages in public policy, government should pay attention. Bill C-11 is legislation with the potential for significant negative impacts on the businesses of Canadian music companies and Canadian artists focused on building a global audience.

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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.,

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Ownership Copyright Intellectual Property Law Government 97

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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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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IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast. requiring some human participation for AI-generated works to receive authorship); and.

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IPilogue

FEBRUARY 2, 2023

Where the Crown can use a person’s artistic expression as incriminating evidence, the system risks limiting such expression and clashes with the government’s mandate to foster and promote the enjoyment and production of artistic works and threatens growth in the Canadian music scene both domestically and internationally.

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Kluwer Copyright Blog

MARCH 30, 2025

However, they will shed light on three particularly important questions: whether the subjective intent of the creator has any bearing on the qualification as an artistic work; whether events taking place after the act of creation matter for the qualification as a work; and whether works of applied art require a higher level of originality.

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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

Kluwer Copyright Blog

MARCH 30, 2025

However, they will shed light on three particularly important questions: whether the subjective intent of the creator has any bearing on the qualification as an artistic work; whether events taking place after the act of creation matter for the qualification as a work; and whether works of applied art require a higher level of originality.

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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.

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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

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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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IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization.

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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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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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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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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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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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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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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.

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Ownership Artistic Work Contracts Copyright 91

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

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IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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Copyright Intellectual Property Artistic Work Technology 97

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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The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright. 2) Tensions between the advanced and developing worlds. (3)

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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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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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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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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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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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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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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.

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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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Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

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