Remove 2001 Remove Artistic Work Remove Copying Remove Copyright Infringement
article thumbnail

Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

“ 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.

article thumbnail

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Swedish court requests CJEU to clarify notion of ‘author’s own intellectual creation’ when assessing EU originality standard

The IPKat

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table.

Art 91
article thumbnail

IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. 3d 1004, 1021, 1022 (2001). [3] 1] SaikōSaibansho [Sup.

Art 52
article thumbnail

SpicyIP Weekly Review (March 4-March 10)

SpicyIP

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”).