IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 98

Privacy Law Intellectual Property Music 98

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

Copyright 133

Copyright Moral Rights Copying Publishing 133

Intepat

NOVEMBER 4, 2024

By selecting an appropriate CC license, you can foster collaboration while retaining control over your intellectual property. Employ social media monitoring tools that alert you whenever your work appears on other platforms. By staying vigilant, you can ensure that your creative efforts are well protected against infringement.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

The IPKat

NOVEMBER 20, 2022

Artistic works?) See South Africa's Intellectual Property Laws Amendment Act. Oriakhogba also weighs in on the perennial issue of the classification of cultural heritage materials (are they expressions of folklore? Traditional cultural expressions? and the implications of any preferred classification.

Ownership 97

Ownership Copyright Intellectual Property Law Government 97

Intellectual Property Law Blog

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. Any AI-generated content that is more than de minimis should be explicitly excluded from the application.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

The IPKat

SEPTEMBER 24, 2021

Background The Appellant was the plaintiff at the (Federal) High Court where she had sought a declaration that the Respondent/Defendant’s use of her photographs on its billboards without her express authorization amounts to an infringement of her “image/intellectual property rights”. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

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.

Advertising 111

Advertising Advertising Social Media Blogging 111

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. The following is a preview of a paper to be published in the Intellectual Property Journal. . 2 of the Copyright Act RSC 1985, c. 53(2); Circle Film, at 606-7).

Ownership 92

Ownership Copyright Intellectual Property Designs 92

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Copyright Protect?

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 52

LexBlog IP

JANUARY 28, 2024

It is something that is often overlooked however it is considered best practice to add a copyright statement and the little c symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns.

Copyright 52

Copyright Artistic Work Publishing Business 52

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. The third authority was John v James [1991] FSR 397.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. This additionally implies that they will guarantee licensed innovation assurance as for Intellectual Property Rights they will make. 1996) 38 DRJ 81 (India). [2]

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

While these developments have certainly made our lives easier, it has also led to many concerns regarding intellectual property right protection. Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 98

Copyright Public Domain Copying Publishing 98

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. depending on their length and informative content – may be covered by the press publishers’ right. Image by Pexels via Pixabay.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. Anything we are missing out on? Please drop a comment and let us know. Highlight of the Week HULM Entertainment v.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Kluwer Copyright Blog

JUNE 30, 2021

On the contrary, in Brown v Netflix the Court’s finding of transformativeness appears to focus on how the documentary intends to transmit the critical (and modified) artistic message – and not on the way the third party’s work is objectively perceived by the public.

Fair Use 105

Fair Use Copyright Law Copyright Law 105

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.,

Copyright 125

Copyright Art Copyright Law Licensing 125

IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. For content piracy, Takeshobo Inc., million JPY ($13,500 USD).

Art 52

Art IP Intellectual Property Copyright 52

IP and Legal Filings

MARCH 9, 2022

The concept is important that when any artistic work (like newspaper or magazine) is created and is done during the employment or under the obligation of the contract of apprenticeship, and is for the reason for publication, the proprietor of the publication will be the first owner of the work unless there is a former contract to sabotage this.

Ownership 97

Ownership Copyright Trademark Contracts 97

Intepat

NOVEMBER 20, 2023

Innovation, born of human creativity and critical thinking, is a testament to the immense effort and knowledge invested by individuals in the creation of meaningful works. Intellectual property stands as a tribute to such endeavors, with copyright emerging as a unique category within this realm.

Registration 52

Registration Copyright Ownership Public Domain 52

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Here, the idea of natural rights is relevant.

Art 52

Art Copyright Artistic Work Public Domain 52

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 105

Social Media IP Business Brands 105

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” Namely, in works which are computer-generated, the author “shall be taken to be the person by whom the arrangements necessary for the creation of the work.”

Copyright Law 69

Copyright Law Copyright Public Domain Artistic Work 69

IP and Legal Filings

AUGUST 14, 2023

Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectual property rights. Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. A finding of infringement would be straightforward, except as to whether the AI-generated portrait is itself a copyrightable work.

Social Media 52

Social Media Artistic Work Copyright Technology 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws 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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

LexBlog IP

SEPTEMBER 11, 2023

2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work. Kristen Maaherra , 114 F.3d 3d 955 (9th Cir.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

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. Originality in crisis. 37, 2018). [3]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

MARCH 11, 2024

Last week we published 3 posts including a post discussing the concept of hot tubbing, a post on the DHC interim injunction order restraining Geonix on the grounds of reverse passing off, and a tidbit on CCI’s appeal before the Supreme Court in. X wins copyright infringement case against 17 music publishers.

Trademark 58

Trademark Registration Copyright Patent Application 58

LexBlog IP

SEPTEMBER 13, 2023

Representatives of collective management organisations may use portable audio and/or video recording equipment in the premises where the musical works are used, and the recordings thus made shall constitute full proof of the use of the musical works as background music.’

Music 52

Music Television Copyright Related Rights 52