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. Firstly, take the example of social media. With the advent of social media, anyone can post anything on it.

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Copyright Law Copyright Law Social Media 52

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.

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Artistic Work Social Media Television Trademark 45

The IPKat

APRIL 18, 2022

Artist Four Tet took to social media to announce that its record label, Domino, had requested his music be removed from streaming platforms, amidst a legal dispute over royalties. In the latest hearing between the parties, Four Tet applied to amend the particulars of the dispute to include Domino’s recent behaviour.

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Contracts Music Copyright Copyright Infringement 96

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.

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Moral Rights Fair Use Art Artistic Work 49

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

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. 8] held that section 31 D of the Copyright Act does not include internet broadcasting within its scope, while the draft bills clearly are trying to bring OTT and social media within its ambit.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 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.

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Social Media Artistic Work Copyright Technology 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.

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Trademark Social Media Registering Trademarks Copyright 103

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. Thus, the issue of uniqueness is raised.

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Art Copyright Artistic Work Public Domain 52

Dragons' Den

APRIL 4, 2024

The length of copyright depends on the type of work. For artistic work copyright protection lasts 70 years after the author’s death. There isn’t a register of copyright works in the UK. Whether you mark the work or not doesn’t affect the level of protection you have. of the business which then drops to 12.5%

Blogging 40

Blogging IP Artwork Artistic Work 40

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. vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. What do we do with that? What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

SEPTEMBER 29, 2024

Highlights of the Week Calcutta High Court Notifies IPD Rules: A Quick Comparison Image from here The Calcutta High Court IPD Rules have been published! The judgment emphasized that social media influencers must exercise caution when commenting on products, especially without relevant qualifications or substantive basis.

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Trademark Confidentiality Patent Application Copyright 105

43(B)log

OCTOBER 4, 2021

30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. The publisher sold the publication rights and they ended up in the hands of an entity that allegedly refused to pay him any fees or royalties but continued sell his publications. 19-3009 (RDM) (D.D.C.

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IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts).

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Trademark Blogging Trademark Law Fair Use 105

SpicyIP

OCTOBER 1, 2023

A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957. These vintage picture postcards, if original, are works in which copyright subsists ( section 13 of the Copyright Act, 1957 ). Fans, starved for glimpses of their idols.

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Personality Rights Non-Fungible Tokens Copyright Social Media 111