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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 intellectualpropertylaw governing copyright protection in Singapore.
The issue of safeguarding personality rights has grown in prominence because of the rising exploitation of various celebrities and renowned individuals. The personality rights in India are generally enforced in the context of IntellectualPropertyLaws. Ammini Amma and Ors., Baby Gift House & Ors.
Section 13(1)(a) of the Copyright Act of 1957 protects original artisticworks, while Section 2(c)(iii) defines “artisticwork” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artisticwork used in the plating of a dish.
Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. This right emanates from the personhood theory of copyright law which forms the basis of moralrights and has been accepted throughout the world.
In simple terms, IP is a category of property that includes the intangible (i.e., Such creations may include literary and artisticworks, designs, names, inventions, etc. When you enforce your copyright, you enforce your copyright-related rights, which fall under IntellectualPropertyRights (IPRs).
This contribution is based on a paper published in 44 European IntellectualPropertyLaw Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artisticworks. All Berne Union Member States must thus provide copyright protection to photographic works.
However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moralrights or was it an implied license as terms were not clearly stated though there was a transaction. 2d 119 (2d Cir. 2d 945 (9 th Cir.
Introduction The Intellectualpropertylaws 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.
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