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Cardinals Of Intellectual Property Rights (Part- II)

IP and Legal Filings

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

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Ownership of Copyrights Patents and Trademarks are Created by Employees and Independent Contractors

IP and Legal Filings

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. Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more.

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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.

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

Technology & Marketing Law Blog

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Figure 1, Slip op.

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Removing songs from Spotify could breach label’s duty to exploit: Four Tet v Domino

The IPKat

Express or implied duty to exploit/duty of good faith Mr Hebden pleaded that, under the contract, there was "imposed on Domino a continuing obligation to use reasonable endeavours following release to exploit the Masters … by all then-industry-standard means, in the UK and in the Major Markets respectively." RELEASE COMMITMENT 4.1 and/or 4.2