article thumbnail

California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

article thumbnail

Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

The IPKat

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. VMNL) or both that person and their licensee (i.e.

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

Interaction Between Ai And Copyright : Who Has The Copyright In Ai?

IP and Legal Filings

[Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. In India, section 14 of the Copyright Act [2] defines copyright in terms of the exclusive rights granted to the owner of the copyright. [3]

article thumbnail

The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. A would not be economically capable of paying the fine or compensation for infringement.

article thumbnail

Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

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.” 5] Appeal (civil) 6472 of 2004.