Kluwer Copyright Blog

APRIL 21, 2025

AI training under the 2019 Copyright Directive Article 4 of the 2019 Directive on Copyright in the Digital Single Market ( CDSMD ) can serve as an example. In more and more segments of the creative industries, it disrupts the market for human literary and artistic works.

Licensing 52

Licensing Artistic Work Marketing Marketing 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.

Intellectual Property 98

Intellectual Property Artistic Work Design Designs 98

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

TorrentFreak

NOVEMBER 21, 2023

“Market and Consumer” Offenses Police say a 62-year-old British man stands accused of intellectual property offenses, specifically those related to the market and consumers. Instead, the court found that a minor crime related to the market and consumers had been committed.

Social Media 127

Social Media Intellectual Property Artistic Work Television 127

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years.

Design 97

Design Designs Artistic Work Technology 97

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Brands 95

The IPKat

JANUARY 25, 2022

That is the great contribution of modern copyright law, recognizing as it does the legal status of a derivative work and thereby opening unlimited commercial possibilities for the work of art." [ Merpel notes that, of course, while the Larivière painting is not protected by copyright, it is the principle that concerns us.

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Art Artwork Copying Moral Rights 134

Michael Geist

JUNE 3, 2022

The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music. Given its role and reputation, when it engages in public policy, government should pay attention.

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Music Social Media Artistic Work Government 107

SpicyIP

SEPTEMBER 20, 2021

Furthermore, he highlights that the court took due notice of the strong presence of the defendants in the market and delayed infringement action brought by the plaintiffs, and thereby indirectly applying the clean hands doctrine. The Calcutta High Court in Sri Parvathy Saltern Private Ltd. September 13, 2021]. Ishvi Food Private Ltd.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

SpicyIP

SEPTEMBER 3, 2024

Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ). Louis Vuitton submitted that these were specially commissioned works used for advertising and marketing their products, and were being used without authorization by the defendants.

Advertising 103

Advertising Advertising Copyright Brands 103

Kluwer Copyright Blog

MARCH 30, 2025

However, the creative leeway had not been used in an artistic manner. The choices made were aimed at producing a healthy and marketable sandal. While the designer of the models, Karl Birkenstock, had made certain choices, other design options had been possible.

Copyright 52

Copyright Art Design Designs 52

Intepat

MARCH 13, 2025

COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.

IP 52

IP Design Designs Artistic Work 52

IPilogue

DECEMBER 9, 2021

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Kluwer Copyright Blog

MARCH 30, 2025

However, the creative leeway had not been used in an artistic manner. The choices made were aimed at producing a healthy and marketable sandal. While the designer of the models, Karl Birkenstock, had made certain choices, other design options had been possible.

Copyright 52

Copyright Art Design Designs 52

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.

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Brands 104

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

OCTOBER 23, 2021

Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Technology and copyright law.

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Copyright Copyright Law Technology Artistic Work 98

The IPKat

AUGUST 30, 2024

7 of Directive 89/104/EEC and, at the relevant time, provided that: A registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market in the United Kingdom or the European Economic Area under that trade mark by the proprietor or with his consent. Section 12 is derived from Art.7

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Artistic Work Design Designs Marketing 59

IIPRD

OCTOBER 7, 2024

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. Moreover, the IPR eases the market development and establishes a solid brand identity.

Intellectual Property 98

Intellectual Property Government Invention Brands 98

Kluwer Copyright Blog

AUGUST 29, 2024

This was on the basis that the control panel itself could not be considered an “artistic work”. That means we finally might have clarity in the UK on whether a work that is a 3D work, has to be an ‘artistic work’ in order for copyright to be enforced; in other words: does the Cofemel approach apply in the UK or not?

Artistic Work 49

Artistic Work Designs Design Copyright Infringement 49

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Design 52

Intepat

DECEMBER 12, 2021

Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

Art 52

Art Copyright Artistic Work Moral Rights 52

The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

Copyright 94

Copyright Copyright Infringement Marketing Marketing 94

Garrigues Blog

APRIL 16, 2024

One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). Consequently, works applied to practical products were not protected under criminal law.

Art 59

Art Artistic Work Law Design 59

Kashishipr

AUGUST 25, 2021

As we know, limited edition goods come into the market only for a short period, are marketed by the brand upon the launch, and the logos are hardly ever put into use by the proprietor because they have already been sold. Copyright is considered to subsist in a creative work upon creation once it has been rendered in tangible form.

Editing 105

Editing Law IP Design 105

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 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?

Artistic Work 45

Artistic Work Design Designs Copyright 45

Intepat

DECEMBER 30, 2024

Product packaging encompasses the design, material, and overall presentation used to enclose, protect, and market a product. This certificate is valid for one year, and the application for registration of the artistic work must be filed within that year.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52

SpicyIP

SEPTEMBER 9, 2023

Prompts, AI, computer generated works and Indian law While the issue around copyrightability of AI-generated works is far from clear in the Indian context, it is interesting to examine the impact of this line of reasoning under Indian copyright law. The term ‘computer generated work’ is not defined and is to be understood literally.

Copyright 116

Copyright Registration Artistic Work Artwork 116

SpicyIP

MARCH 9, 2025

The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978. Chotiwala Food And Hotels Private vs Chotiwala & Ors. 1,00,000 each, and issued a mandatory injunction against defendant 4 to remove infringing listings. Karan Johar v.

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Trademark Patent Patent Application Copyright 59

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

SpicyIP

AUGUST 16, 2024

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

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. This leads to the reduction of competition in the market. selling or trading the clones of the infringed work.

Copyright 89

Copyright Brands Branding Branding 89

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. So, what was the work registered under Copyright #102327 on June 9, 1953.? This, much to the chagrin of…other Okanagan cities.

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Copyright Artwork Due Diligence Publishing 128

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. Moreover, Section 51 of the Act of 1957 categorizes the reproduction of any literary, dramatic, musical or artistic work in the form of a cinematographic work as an infringing copy.

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Cease and Desist Licensing Intellectual Property Copyright 98

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. It will also lower marketing costs and strengthen brand identity as brand distinctiveness and identification will be essential in the virtual reality of Metaverse.

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Law Branding Branding Brands 105

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

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Artwork Blogging Art Copyright 98