article thumbnail

Copyright Infringement and Remedies in Nigeria

IPilogue

The burden lies on the copyright owner to prove that the allegedly infringing work is a reproduction of the whole or a substantial part of the whole of their work. On the issue of casual connection, the Plaintiff must prove that the infringing work was copied or otherwise taken from their work. In CBS Inc. &

article thumbnail

Fashion Copyright and Infringement

IP and Legal Filings

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. However, in 2003, with the case of Eastern Book Company v. In the case of Indian Express Newspaper (Bombay) Pvt Ltd v. Copyright Act or Design Act?

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Parody under the Copyright Law

IP and Legal Filings

This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. 2003 (27) PTC 457 (Bom) (DB). Vipul Amrutlal Shah (2009) and MRF Limited v. References Civic Chandran v/s C.

article thumbnail

IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Leo Burnett (India) Private Limited (2003) 27 PTC 81 The post IP Issues in The World of Japanese Sequential Art – Manga first appeared on IIPRD. Napster, Inc., 4] Star India v.

Art 52
article thumbnail

IP infringement in Metaverse

IIPRD

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artistic work like music, etc.

IP 52
article thumbnail

Growth of Virtual Youtubers and IP Complications

IIPRD

8] Line between Copying and Inspiration Recently, VTuber Pekora’s look-alike was seen in an animated series without any consent from the creator or the company. [9] The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. 2d 119 (2d Cir.

IP 52
article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original. 24] Prince. N*E*W* S [Album].