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

The IPKat

APRIL 4, 2024

The CAB contains stipulations that will ensure equitable remuneration and fair share in royalties for creators of literary, musical and artistic works as well as performers of audio-visual works (clauses 5, 7, 8 and 9 of the CAB). The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

Copyright 132

Copyright Music Artistic Work Contracts 132

SpicyIP

SEPTEMBER 20, 2021

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. Leading educational publishing company, Pearson, has sued Chegg Inc. September 13, 2021]. Ishvi Food Private Ltd.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

Velocity of Content

MARCH 22, 2023

Taking each of these clauses in turn — Life of the Author Plus 70 : In the case of a work by a single, known author (i.e., a creator, a natural person), published from 1978 on, the copyright will last while that author is alive plus an additional 70 years. These provisions also cover works left unpublished at the death of their author.

Copyright 98

Copyright Publishing Social Media Artistic Work 98

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

Intepat

NOVEMBER 8, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

TorrentFreak

NOVEMBER 21, 2023

According to data published by the UK’s Office for National Statistics, UK residents made 15.6 That led to acquittals and the reversal of earlier guilty verdicts on the basis that “football does not have the character of a literary, scientific or artistic work” so copyright did not apply.

Social Media 127

Social Media Intellectual Property Artistic Work Television 127

IP and Legal Filings

AUGUST 6, 2024

In India, copyright protection automatically exists by the mere act of creating a work hence no need for registration of the work to enforce copyright or seek legal redress when infringed. Copyright protection under these agreements arises immediately when a work is created. The applicant needs to respond to any objections.

Registration 111

Registration Copyright Intellectual Property Artistic Work 111

Intepat

NOVEMBER 4, 2024

In a world where creative theft is an all-too-common reality, implementing these strategies will empower you to take charge of your artistic work. Protecting your creativity isn’t just about avoiding misappropriation; it’s about asserting your rights as an artist and ensuring that your hard work receives the recognition it deserves.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

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

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. For more information, click here.

Artistic Work 59

Artistic Work Copyright Law Publishing Reporting 59

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’. 57 of the Act.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But this is not the case for works of art.

Art 134

Art Artwork Copying Moral Rights 134

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

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

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

The IPKat

JANUARY 17, 2024

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. A second (revised) edition followed in 2008.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.

Journalism 69

Journalism Publishing Contracts Copyright 69

The IPKat

APRIL 18, 2022

There the claimants, based on allegations of undue influence, sought rescission of publishing and recording agreements under which they had assigned the copyright in a large number of musical compositions and sound recordings. The third authority was John v James [1991] FSR 397.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IPilogue

JANUARY 17, 2022

generally subsists for 70 years after the death of the author or 95 years after first publication for works-for-hire. In other words, all works of corporate authorship first published in 1926, such as Winnie the Pooh, did not become freely available to use in the U.S where the work was still protected by copyright.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

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. 91, 16 Feb ).]

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

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

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

The IPKat

SEPTEMBER 24, 2021

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

Velocity of Content

JUNE 8, 2022

The novel, however, was published before text of the play. Peter Pan, or The Boy Who Wouldn’t Grow Up” (1904 stage play, including occasional revisions through 1928, when the script of the play is published). So, were I to be accused of engaging in “ fanboying ” in writing this post, I would just own that. And yes, I verbed a noun.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Bantam Doubleday Dell Publishing Group, Inc., 2d 490 (2d Cir. This part is not persuasive.

Artistic Work 45

Artistic Work Social Media Television Trademark 45

IP and Legal Filings

APRIL 24, 2023

Section 22 of the Designs Act, 2000, lays down that the following acts amount to piracy: (1) To publish or to have it published or expose for sale any article of the class in question on which either the design or any fraudulent or obvious imitation has been applied. (2)

Designs 97

Designs Design Registration Law 97

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

The IPKat

NOVEMBER 20, 2022

Artistic works?) However, in view of the fact that Nigeria is an amalgamation of diverse ethnicities and culture and indigenous peoples, the location, control and management of repatriated cultural heritage materials within Nigeria is one significant bone of contention. Traditional cultural expressions?

Ownership 97

Ownership Copyright Intellectual Property Law Government 97

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

IPilogue

SEPTEMBER 23, 2021

The following is a preview of a paper to be published in the Intellectual Property Journal. . Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Technology & Marketing Law Blog

AUGUST 3, 2021

Exceptions to the exceptions : The statute applies to claims excluded under (3) – against those primarily selling or leasing, (8) – common law fraud suits, or (9) – domestic relations matters, if the cause of action: (i) is “[a] legal action against a person arising from any act of that person, whether public or private, related to the (..)

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

SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design IP 116

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.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

What made it truly groundbreaking was that instead of naming the publisher, it changed to name the author as the true holder of the copyright, effectively bringing an end to three centuries’ monopoly of the Stationers’ Company in England. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52