Intepat

DECEMBER 12, 2021

Chefs are now working hard to improve the visual experience. In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating.

Art 52

Art Copyright Artistic Work Moral Rights 52

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

The IPKat

JANUARY 24, 2023

Copyright law, with its protection of materials ranging from literary, musical and artistic works to cinematograph films and computer programs, etc. The right to the tools for the systematic increase of knowledge involves access to resources (both human and material) from which knowledge may be extracted.

Government 135

Government Ownership Copyright Law Copyright 135

The IPKat

JUNE 18, 2023

literary, dramatic, artistic works) as well as covering infringement and remedies, as well as looking at the challenges presented by international communication through satellite and the internet. It deals with a wide range of rights (e.g., For more information, click here.

Artistic Work 57

Artistic Work Copyright Law Publishing Reporting 57

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

MARCH 9, 2022

Law does not confer specific rights or even privileges to the registered work. The documents which are certified by the Registrar of Copyright can be presented in the court of law as evidence, in case of the original work cannot be presented for the time being. Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 94

Ownership Copyright Trademark Contracts 94

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

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

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

SpicyIP

SEPTEMBER 3, 2024

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach.

Advertising 103

Advertising Advertising Copyright Branding 103

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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.” and advised its customers the company had ceased trading with immediate effect.

Reporting 121

Reporting Artistic Work Business Television 121

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

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. This was done in May 1919, just a day before presenting Germany with a draft of the peace treaty.

Art 130

Art IP Intellectual Property Artistic Work 130

The IPKat

JANUARY 17, 2024

Călinescu , it will be required to tackle the question of what makes a derivative work protectable and what ‘freedom’ and ‘creativity, both cumulative requirements under the EU originality test, mean in this context. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. 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.

Cease and Desist 98

Cease and Desist Licensing Intellectual Property Copyright 98

Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc. A mere recipe cannot be protected.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

Kashishipr

MARCH 16, 2022

In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work. In the present digital era, a significant amount of content is freely available on the internet for anyone and everyone to use.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.”

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

IP and Legal Filings

JUNE 12, 2023

If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation.

Copyright Law 104

Copyright Law Copyright Law Copyright Infringement 104

Kluwer Copyright Blog

JUNE 18, 2021

Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty. This presumption of assignment is without prejudice to the power of participating States to grant the artist the payment of royalties or a fair remuneration for any use of the performance.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IP and Legal Filings

NOVEMBER 15, 2021

Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works. For one, it is relatively easy to replicate copyrighted works in cyberspace. Image Source: gettyimages]. WWW is followed by the name of the site.

Copyright Infringement 95

Copyright Infringement Business Copyright Trademark 95

IIPRD

MARCH 4, 2024

It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. The argument presented by Cipla that there was a shortage locally was weak as they failed to give the proof and data which shows the shortage. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Kluwer Copyright Blog

FEBRUARY 8, 2023

On the flipside, the internal market goal’s flexible mechanics have allowed the EU legislator to present (and pass) numerous copyright measures. Nonetheless, even if such evidence emerges, the necessity test, namely the second factor, is what could present more serious obstacles to pass legislation of this kind.

Marketing 108

Marketing Marketing Copyright Copyright Law 108

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. Oscar Wilde No.

Artwork 98

Artwork Blogging Art Copyright 98

IP and Legal Filings

JANUARY 31, 2023

Copyright safeguards the original digital work and gives its creator some exclusive rights, such as the ability to duplicate and distribute the work. Therefore, if the specific artistic work sold as an NFT satisfies the specified conditions, such as originality and innovation, it may be qualified to be secured by copyright.

Law 104

Law Branding Branding Brands 104

Technology & Marketing Law Blog

AUGUST 3, 2021

One possible challenge this statute presents is that the legislature is unduly tinkering with the discovery rules, which are the province of the courts. When coupled with the prospect of obtaining fees, this will likely turn out to be a useful tool for the First Amendment litigator/rix.

Law 144

Law Litigation Government Advertising 144

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.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

IP and Legal Filings

APRIL 24, 2023

Given the enormous resources and time invested by producers and marketers in building customer recognition through the presentation and appearance of their goods, it is crucial that the same is protected under law. Designs are registered in different classes as per the Locarno Agreement.

Designs 94

Designs Design Registration Law 94

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

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 is basically the legal protection given to any creator of an original literary or artistic work. Online Piracy.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

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 91

Intellectual Property IP Government Invention 91

The IPKat

AUGUST 30, 2024

Further, the Court considered that the evidence provided by the parties did not establish that the works done to the eControl Cookers gave rise to a risk of serious damage to the reputation of AGA's trade marks.

Artistic Work 57

Artistic Work Designs Design Marketing 57

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. Code, section 107.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

LexBlog IP

FEBRUARY 26, 2024

For the design to be distinctive in the view of the public it may be necessary that the product is advertised, and this clashes with seasonal trends and the breadth of collections which fashion houses present during various fashion weeks. Was it a tribute to Alexander McQueen or copyright infringement?

IP 52

IP Designs Design Copying 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 Branding 105

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts. Making a copy of a video or audio recording.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52