IP Watchdog

JANUARY 22, 2023

On January 18, a series of 16 amicus briefs were filed with the Supreme Court, the vast majority of which urged the nation’s highest court to reverse the Ninth Circuit’s ruling and limit the application of the Rogers test to clearly artistic works and exclude consumer products that happened to have some humorous expression.

Artistic Work 124

Artistic Work Branding Branding Brands 124

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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Copyright Intellectual Property Artistic Work Intellectual Property Law 52

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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Intellectual Property Artistic Work Design Designs 98

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

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

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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Intellectual Property Artistic Work Copyright Artwork 111

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

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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Public Domain Copyright Artistic Work Registration 130

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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Music Social Media Artistic Work Government 107

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 97

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.

Artistic Work 104

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.

Copyright 98

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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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Registration Copyright Intellectual Property Public Domain 119

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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Music Law IP 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.

Copyright 52

Copyright Art Design Designs 52

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.

Copyright 52

Copyright Art Design Designs 52

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.

Artistic Work 64

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

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 119

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

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.

Copyright 135

Copyright Ownership Social Media Licensing 135

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.

Law 144

Law Litigation Government Advertising 144

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.

Design 105

Design Designs Copyright Copyright Infringement 105

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.

Intellectual Property 96

Intellectual Property IP Government Invention 96

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

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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Artistic Work Design Designs Copyright 45

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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Design Designs 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 Law 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.

Copyright 98

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.

Confidentiality 113

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 Design Designs IP 116

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.

Litigation 143

Litigation Copying Copyright Designs 143

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.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

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