The IPKat

FEBRUARY 17, 2022

The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright. As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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 Designs Design 98

Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. At least the last question seems to have been answered in the negative by the CJEU in Cofemel.

Copyright 52

Copyright Art Design Designs 52

The IPKat

FEBRUARY 4, 2025

EBC licensed the nine bright and colourful artistic works and used them on various food products including biscuits, puffs and fiddlesticks. In this context "follow" was taken to mean resemble just as architecture was taken to refer to "layout or structure of the packaging design."

Copyright Infringement 59

Copyright Infringement Artwork Copyright Designs 59

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. The work must be written down in order to get registration of copyright.

Copyright 98

Copyright Artistic Work Registration Music 98

IP and Legal Filings

MARCH 9, 2022

Under Rome Convention also, we can find that there is a specific reference made to “performance of Literary and Artistic Works.” Literary and Artistic work under the Rome Convention is referring to ‘literary and artistic work’, as it is referred to under the Berne Convention.

Copyright Law 97

Copyright Law Copyright Law Music 97

Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. At least the last question seems to have been answered in the negative by the CJEU in Cofemel.

Copyright 52

Copyright Art Design Designs 52

IP and Legal Filings

OCTOBER 8, 2023

It states that the following classes of works are copyrightable- Original literary, dramatic, musical and artistic works; Cinematograph films, and Sound recording The term ‘artistic work’ is defined under Section 2(c) of the Act. Author: G.B.

Copyright 105

Copyright Artistic Work Copyright Law Art 105

SpicyIP

SEPTEMBER 11, 2023

A separate document titled ‘ G20 Culture Working Group: Terms of Reference ’ was also released that lists down the priorities set by the hosting countries since 202 to frame G20 culture workstream. Priorities set by India are reproduced as it is below: 1.

Artistic Work 104

Artistic Work Technology Government IP 104

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.

Registration 111

Registration Copyright Intellectual Property Artistic Work 111

IP and Legal Filings

NOVEMBER 10, 2022

Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These different exclusive rights form the bundle of rights that we refer to as copyright. These rights enable a copyright owner to control the commercial exploitation of his work.

Copyright 97

Copyright Intellectual Property Registration Copyright Infringement 97

IP and Legal Filings

JUNE 12, 2023

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. A parody, by its nature, requires the audience to recognize the original work, and the way the work is critiqued or ridiculed. References Civic Chandran v/s C.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis.

Ownership 97

Ownership Copyright Trademark Contracts 97

IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

Designs 105

Designs Design Copyright Copyright Infringement 105

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” Nor was referential use required.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. Fixation.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

The IPKat

JANUARY 28, 2023

It ended the state of war between Germany and the Allied (US, the British Empire, France, Italy, Japan) and the Associated Powers (a total of 22 of countries) post the “Great War”, as it was then referred to. The treaty regulated post-war settlement with Germany, requiring it to disarm, pay reparations, and make territorial concessions.

Art 131

Art IP Intellectual Property Artistic Work 131

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. 09, 2022) [link] Jeremy S.

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Brands 104

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.” Which 16 websites the Spanish government is referring to as blocked is unclear.

Reporting 117

Reporting Artistic Work Business Television 117

Kashishipr

MARCH 16, 2022

If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement. In the same way round, IP puts a virtual fence around the property or assets that it safeguards. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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. Domain names can be referred to as the “online trademark” of a company.

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

The IPKat

MARCH 2, 2023

The French fashion house sued Hermés for trade mark infringement, essentially referring to a risk of confusion for consumers, as well as trade mark dilution and cybersquatting. Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Brands 95

IPilogue

DECEMBER 13, 2021

Flashing back to 2016, only a year after Snapchat first launched its filters (more commonly referred to then as “ Lenses ”), the app introduced a design closely resembling, if not an exact replica of the rainbow teary-eyed makeup look by artist Mykie. to their face. Spoiler alert, it depends. According to s.

Social Media 111

Social Media Intellectual Property Designs Design 111

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work.

Derivative Work 137

Derivative Work Editing Copyright Music 137

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 IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Intepat

DECEMBER 12, 2021

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. A lot of attention is placed on the art of plating, especially in the restaurant business.

Art 52

Art Copyright Artistic Work Moral Rights 52

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. Copyright violation refers to when an unauthorized user infringes the original work of another individual.

Copyright 89

Copyright Brands Branding Branding 89

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

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

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. Did model providers undertake content moderation (e.g.

Copyright 135

Copyright Ownership Social Media Licensing 135

IPilogue

FEBRUARY 4, 2022

For example, writers of a history textbook may base their works on the same or similar historical sources. References to these identical sources do not necessarily mean that one is copied from the other. The role of casual connection is to put the burden on the Plaintiff to prove that there is a connection between the two works.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

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

IIPRD

MARCH 1, 2023

In India, this right is protected under section 53A of the Copyright Act, 1957 (hereinafter referred to as the ‘Act’) which elucidates that artists and their heirs, upon the reselling of their original artwork by the owner, would be entitled to resale share rights in the original copies and manuscripts. References 1.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

IP and Legal Filings

OCTOBER 12, 2023

We are aware that copyright is given to the original creator of a literary or artistic work and that recipes are just personalised interpretations of existing ideas, which suggests that it is common knowledge, hence it lacks the first requisite i.e. originality to be eligible for protection under copyright. 2022, November 30).

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. 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.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

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