IP Law 360

JULY 25, 2024

The justices ruled there's no time limit for how far back copyright plaintiffs can pursue infringement damages as long as their claims are timely, and an Ohio jury said video game developers didn't infringe a tattoo artist's works by depicting the images on basketball players.

Artistic Work 52

Artistic Work Copyright Reporting 52

The IPKat

AUGUST 29, 2022

Intellectual property proceedings in Turkey rely heavily on the report of an expert(s) appointed by the court to provide an assessment on relevant aspects of the dispute. Here, the Court appointed an expert to provide a report regarding the use of the portrait and its communication to the public.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

The IPKat

FEBRUARY 17, 2022

The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

The IPKat

NOVEMBER 1, 2022

A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Press reports incorrectly stated permission was required “because the city has the copyright to the word Ogopogo”. So, what was the work registered under Copyright #102327 on June 9, 1953.?

Copyright 128

Copyright Artwork Due Diligence Publishing 128

Kluwer Copyright Blog

MARCH 30, 2025

Their public exposure and appreciation was limited to design, but not artistic circles. Comment The BGH decision has attracted worldwide attention with media such as The Guardian and The New York Times reporting on the decision. 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

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

Kluwer Copyright Blog

MARCH 30, 2025

Their public exposure and appreciation was limited to design, but not artistic circles. Comment The BGH decision has attracted worldwide attention with media such as The Guardian and The New York Times reporting on the decision. 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

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

The IPKat

FEBRUARY 27, 2024

Earlier this February, South Africa’s Portfolio Committee on Trade, Industry and Competition began the process of consideration and report on the Copyright Amendment Bill [B13F-2017]. In addition to the foregoing, clauses relating to circumstances where the author of literary or musical works, visual artistic work, etc.

Copyright 72

Copyright Artistic Work Copying Reporting 72

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast.

Registration 119

Registration Copyright Intellectual Property Public Domain 119

The IPKat

DECEMBER 30, 2021

In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

Intellectual Property 64

Intellectual Property Artistic Work Design Designs 64

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. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

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

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works.

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

APRIL 8, 2024

Katfriend Ada Nourell (Hogan Lovells) reported on AIPPI UK’s annual patent round-up event, whose programme was organised in the form of a Christmas menu. For instance, the Bill introduces a system for artists resale royalty in respect of artistic work, licensing of the use of orphan works, and authors’ reversionary right.

Artistic Work 64

Artistic Work Invention Copyright Licensing 64

SpicyIP

MARCH 9, 2025

The appellant had requested the First Examination Report and responded to the objections therein, following which a hearing notice was issued with respect to objections on lack of clarity and novelty. The appellant then annexed its amended independent claim, in which it incorporated certain unobjected features of previous claims.

Trademark 59

Trademark Patent Copyright Patent Application 59

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The law allows such acts of usage of copyrighted material for the purposes of research , reporting, criticism, commentary and so on. Criticisms or Reviewing of a certain piece or literary, artistic or dramatic work do not amount to infringement. Indian Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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.,

Copyright 125

Copyright Art Copyright Law Licensing 125

The IPKat

JULY 6, 2023

Background The IPKat previously reported on the Court’s decision that Tesco had infringed Lidl’s copyright, trade mark, and rights in passing off vesting in Lidl’s blue-and-yellow logo.

Copyright 94

Copyright Copyright Infringement Marketing Marketing 94

Corsearch

FEBRUARY 29, 2024

Notify the platform – Reporting infringements on Amazon – Reporting infringements on eBay – Reporting infringements on Alibaba – Reporting infringements on Etsy • Step 3. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

The statutory exception for depicting people in literary and artistic works doesn’t apply to the associated ads (?). Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Publicity Rights. Intrusion into Seclusion. Section 230 Doesn’t Protect Yearbook Website’s Ads–Knapke v. Classmates.

Advertising 111

Advertising Advertising Social Media Blogging 111

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

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. Copyright and Blogs.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

The IPKat

SEPTEMBER 21, 2022

As IPKat readers may recall, the BlindSA ’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court.

Copyright 40

Copyright Artistic Work Copying Publishing 40

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization.

Intellectual Property 96

Intellectual Property IP Government Invention 96

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

IPilogue

MARCH 1, 2022

It’s easy as an emerging artist on social media to feel like you have to allow any kind of commenting, sharing, and reposting because you are a beginner; but you always have room to say no to having your work used or shared in ways that don’t align with you. Your instincts are usually right about this.

Social Media 105

Social Media IP Business Branding 105

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. Is this the first PRC case on the copyright in an AI-generated work? Certainly not. In Beijing Film Law Firm v Beijing Baidu Netcom Science Technology Co.

Social Media 52

Social Media Artistic Work Copyright Technology 52

IIPRD

OCTOBER 17, 2022

This right is given to literary and artistic work like music, etc. It will be difficult to report copyright in metaverse because there is neither any law nor any precedent to cover the legal issue. Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Image Source: Istock].

Copyright 52

Copyright Fair Use Registration Ownership 52

LexBlog IP

SEPTEMBER 11, 2023

2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work. 2] CONTU Report, Pub. Kristen Maaherra , 114 F.3d 3d 955 (9th Cir. 93-573, § 201(b)(2), 88 Stat. 1873 (1974).

Copyright Law 52

Copyright Law Copyright Technology Registration 52

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Subsistence It was common ground that the Mark with Text was capable of being a “graphic work”, which is a subset of the “artistic works” category.

Copyright 64

Copyright Copying Designs Design 64

The IPKat

OCTOBER 15, 2023

Comment Readers who follow all things copyright will promptly detect that this case is a follow-up to Cofemel [IPKat here ] and Brompton Bicycle [IPKat here ], with the latter trying – ultimately in vain – to get some further clarity from the CJEU on how to assess originality, including in relation to works of applied art.

Art 70

Art Design Designs Marketing 70

IIPRD

OCTOBER 28, 2023

Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it. Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.”

Copyright Law 59

Copyright Law Branding Branding Brands 59

Corsearch

SEPTEMBER 28, 2023

Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

Kluwer Copyright Blog

MARCH 1, 2023

If heightened First Amendment protections are not put in place, the threat of costly legal proceedings may cause creators to avoid the use of trademarks in their artistic works. In 2020, the American Intellectual Property Law Association reported that the median cost of trademark litigation in the U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kashishipr

AUGUST 17, 2022

Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising.

Social Media 52

Social Media Intellectual Property Registration Branding 52