The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Moral Rights Artwork Fair Use Copyright 73

IP and Legal Filings

AUGUST 6, 2024

It is a legal right that belongs to the originators of genuine artworks like literature, drama and music works, cinematographic films as well as sound records. Copies of the Work: A copy or samples of what should be registered. What is Copyright? This can be done from anywhere saving time and travel expenses.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Further, the Copyright protects the following types of original artwork. In other words, it results from a person’s intellectual pursuits.

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TorrentFreak

SEPTEMBER 21, 2024

Note: X refers to four users based on one person to one account. Courts have identified “core” First Amendment expression to be political speech and religious speech; in this matter, the alleged posting of unauthorized copies of Cognosphere’s Genshin Impact artwork is neither.

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IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Artwork based on such a notion presents challenges when attempting to establish ownership. And that’s the rub; this is the crux of the problem.

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Intellectual Property Art Artwork Intellectual Property Law 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Design Rights.

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Intellectual Property Designs Design Artwork 52

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

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Registration Artistic Work Copyright Registering Trademarks 98

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. The submission of hard copies of the logos or decorations is essential.

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Designs Design Copyright Copyright Infringement 104

IP and Legal Filings

JULY 11, 2024

Descriptive or Generic Terms: It is technically possible to register a trademark that is descriptive of the products that they refer to or services that they characterize, or even generic symbols that are familiar to the public. This includes all books, artworks, pieces of music, and other creations in any field or discipline.

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The IPKat

MARCH 13, 2022

It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. In 2014, the Milan Court of First Instance dismissed the action in its entirety. A final appeal to the Italian Supreme Court followed.

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Copyright Law Copyright Law Artwork 102

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

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The IPKat

APRIL 19, 2023

The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. and the best-known quantum (mechanics) Kat - Schrödinger's Kat Second, as this case clarifies, an NFT is born with the digital artwork.

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Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

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Non-Fungible Tokens IP Ownership Contracts 98

IIPRD

OCTOBER 7, 2024

It safeguards in the following ways: Safeguarding the Competitive Advantage: By doing the patent of their own inventions, the startups can prevent the competitors from copying their innovations and works, thus securing unique market positions. References. It protects a fair platform for the protection of the idea which is very crucial.

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Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 93

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. You will also find a summary on this page.

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Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

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Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Domain Names – A domain name, in simple terms, refers to the online identity of a brand or business. How to Ensure Compliance with IP?

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IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. As a result, the Indian Copyright Act, 1957 grants the owner of the artwork or the licensee sole rights to discharge copyrights that have already accrued under the statute.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 95

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Law Art Copyright Law 83

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. The cat painting itself does not usually immutably exist on the blockchain. What is the (Legal) Bottom Line?

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LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

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Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

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Blogging Law IP Fair Use 52

Corsearch

AUGUST 24, 2023

Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand. Copyright infringement refers to the unauthorized use of protected works.

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Brands Branding Branding Copyright Infringement 52

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein. Note effects on the scope of their rights against descriptive uses.]

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IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. What was sold are “NFTiffs,” which are digital passes that NFT holders can redeem for digital artwork based on CryptoPunks.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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Copyright IP Ownership Copyright Infringement 89

The IPKat

AUGUST 24, 2021

For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies. could have been streamlined a little more for ease of reference, as the reader was often required to flit between text and footnotes rather frequently.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

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Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). There is disagreement among commentators whether this is a desirable development.

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Copyright Copyright Law Fair Use Law 135