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.

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Intellectual Property Artistic Work Design Designs 98

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.

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Social Media Copyright Ownership Copyright Law 52

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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Artwork Registration Artistic Work Derivative Work 58

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

SpicyIP

JANUARY 30, 2022

Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings? Registration of Copyright society. (3) Relevant Provisions. Section 33.

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Technology Artistic Work Government Copyright 118

IPilogue

JULY 27, 2022

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

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Intepat

MARCH 13, 2025

COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.

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Intepat

APRIL 18, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 98

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Copyright Registration in India. Copyright registration under the Copyright Act, 1957 is optional and not mandatory. Thus, registration of a copyright is no condition for claiming copyright in a work. Simply registering a copyright will not save the registrant from a potential infringement of the copyright of another.

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Registration Copyright Artistic Work Copying 40

Intepat

NOVEMBER 20, 2023

While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights.

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Registration Copyright Ownership Public Domain 52

SpicyIP

SEPTEMBER 20, 2021

Further details, including the link for registration, are provided in the post here. The deadline for registration for the webinar is September 20, 2021. The deadline for registration for the webinar is September 20, 2021. Further details, including the link for registration, are provided in the post here.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 86

SpicyIP

JANUARY 23, 2022

Registration of Copyright society.— (1) “the business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society” ) has to be read as an exception to the first proviso.

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Technology Artistic Work Licensing Editing 90

The IPKat

FEBRUARY 17, 2022

The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Copyright Artistic Work Copyright Law Contracts 145

SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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Copyright Registration Artistic Work Artwork 115

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

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Copyright Artwork Due Diligence Publishing 128

Kashishipr

AUGUST 25, 2021

However, trademarks may also be subject to use requirements – they may be canceled or ‘revoked’ if they have not been used within the five years following registration or within any other continuous five-year period during the trademark’s life. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

IP and Legal Filings

APRIL 24, 2023

It is used to classify goods for the purposes of the registration of industrial designs which further helps in design searches. Under the previous law, the Design registration was granted only for the visual appearance of an article which included shape, configuration pattern, and ornamentation whether in 2 or 3 dimensions.

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Design Designs Registration Law 97

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

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Copyright Infringement Copyright Registration Social Media 104

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. It cited its AI Registration Guidance, 88 Fed.

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Copyright Copyright Law Artistic Work Artwork 147

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. A certificate of registration may be defeated by evidence of prior use of the mark by another person. Conclusion.

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Trademark Intellectual Property Registration IP 98

IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

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Design Designs Artistic Work Technology 97

IP and Legal Filings

JANUARY 31, 2023

The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. However, in order to file a lawsuit of infringement, copyright registration is required. However, as previously indicated, trademark registrations for virtual commodities will strengthen those attempts.

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Law Branding Branding Brands 105

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978. Read the post for more details. 124 of the Act.

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Trademark Patent Patent Application Copyright 58

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The process of seeking registration can be cumbersome and tedious.

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Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

MARCH 9, 2022

In early 2012, there has been substantial amendments to the Act, copyright protection involves dramatic, musical, any original piece of literary work including cinematography films, etc. Is Copyright registration mandated in India? The registration is not treated as a prerequisite to acquiring the copyright of any literary work.

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Ownership Copyright Trademark Contracts 97

SpicyIP

JANUARY 16, 2022

Registration of Copyright society.— (1) I intend to critically analyse this judgment. In the first post, I shall summarise the judgment. In the subsequent posts, I shall critically analyse the judgment.

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Technology Licensing Artistic Work Business 90

IP and Legal Filings

OCTOBER 12, 2022

Copyright protection is extendable to any artistic work that is original and is creative. Section 2(c) of the Copyright Act defines what “artistic work” is. This “artistic work” includes any drawing regardless of whether it possesses any artistic quality, and also includes any other works of artistic craftsmanship.

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Design Designs Copyright Artistic Work 52

IPilogue

DECEMBER 13, 2021

While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection? 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings.

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Social Media Intellectual Property Design Designs 111

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. communicate the work to the public. a work of ‘artistic craftsmanship’.

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Moral Rights Copyright Artistic Work Artwork 52

Intepat

DECEMBER 12, 2024

For example, in an application with a GUI, the software code that enables a button to function when clicked is protected as a literary work, covering the specific way it was written and organised. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

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Copyright Artistic Work Design Patent Designs 52

Intepat

DECEMBER 30, 2024

According to the proviso in Section 45(1), if an applicant wishes to register any artistic work that could be used in connection with goods or services, the applicant must submit an affidavit confirming that the work has not been registered under the Trademark Act.

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Trademark Copyright Artistic Work Copyright Law 52

IP and Legal Filings

SEPTEMBER 20, 2023

In India the protection of a designer’s original creation is protected under both, copyright and designs legislation.Some relevant laws protecting the clothing industry are the: Copyright Act of 1957 – The Act protects the original works of the artists from the time the said original work is put in fixed form.

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Design Designs Copyright Copyright Infringement 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.

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Artistic Work Designs Design Copyright 45

The IPKat

MAY 2, 2023

Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

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Artistic Work Registration Copyright Copyright Infringement 70

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. These registrations aid in allocating precedence.

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Cinema Copyright Blogging Registration 98

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 125

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.

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Copyright Moral Rights Copying Publishing 133