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 56

Artistic Work Copyright Law Publishing Reporting 56

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

SpicyIP

SEPTEMBER 11, 2023

Presently these are merely aims agreed and written down which is nice to see as aspirational goals. Leveraging digital technologies for the promotion and protection of culture.

Artistic Work 89

Artistic Work Technology Government IP 89

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

The IP Law Blog

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 122

Copyright Infringement Copyright Social Media Fair Use 122

SpicyIP

JANUARY 23, 2022

However, when it comes to the “business” i.e., a commercial enterprise of issuing licenses, the law, as it presently stands, requires it to be routed only through a copyright society registered under Section 33(3) of the Act.”. Secondly , the Court distinguished first and second provisos to Section 33(1) as follows: “29….To

Technology 79

Technology Artistic Work Licensing Editing 79

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

Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders.

IP 52

IP Law Intellectual Property Trademark 52

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 56

Artistic Work Designs Design Marketing 56

SpicyIP

DECEMBER 15, 2023

AI generated works are not works as such, rather they are the outcomes of maximizing the likelihood of the prompted text or pixel in the command. They can be explained as the software outcomes rather than expressions of intellectual creativity to present something in the digital form.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

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 Design Designs Copying 52

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 84

Advertising Advertising Copyright Branding 84

IP and Legal Filings

JULY 23, 2024

The artist further emphasized that he had paid for all required payment for the singers’ voice algorithms and had acquired all the required permissions from their family members. The same is a perfect illustration of how artistic works and technology might coexist in the next few years.

Music 59

Music Copyright Personality Rights Technology 59

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

SpicyIP

DECEMBER 16, 2023

The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. In the case of photographs and artistic works, the term was 50 years from the date of publication.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

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

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 86

Ownership Copyright Trademark Contracts 86

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

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

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

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

IP and Legal Filings

OCTOBER 11, 2022

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1. Cinematographic films; 3. Sound recordings.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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

LexBlog IP

AUGUST 31, 2021

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

Derivative Work 40

Derivative Work Artistic Work Licensing Ownership 40

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

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 98

Intellectual Property Litigation Trademark Artistic Work 98

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

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

Litigation 52

Litigation Artistic Work Branding Branding 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 104

Reporting Artistic Work Business Television 104

SpicyIP

MAY 6, 2024

Critiquing this decision, Kevin Preji highlights the difference between the Indian PSITA approach and the US’ PHOSITA approach and explains why it is relevant in the present case. Therefore the Court disposed the appeal holding that there is no manifest or jurisdictional error warranting exercise of Article 226. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

SEPTEMBER 11, 2023

The court notes that “the single legal question presented here is whether a work generated autonomously by a computer falls under the protection of copyright law upon its creation” Thaler v. Perlmutter , 1:22-cv-01564, 6 (D.D.C.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

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

Selvam & Selvam Blog

AUGUST 22, 2021

In the instant case, the Bombay High Court called out the practice of seeking separate reliefs of an injunction for passing off and infringement when pleadings were presented in respect of matters of trademark infringement.

Trademark 52

Trademark Artistic Work Trademark Law Law 52

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 98

Copyright Law Copyright Law Copyright Infringement 98

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

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 136

Derivative Work Editing Copyright Music 136

Kluwer Copyright Blog

APRIL 17, 2024

Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. In contrast, the CIPO has arguably adopted a more liberal attitude to computer-generated works.

Artistic Work 104

Artistic Work Registration Copyright Ownership 104