IPilogue

JANUARY 20, 2022

In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. Many museums have made high-resolution images of their collections available online, including the Victoria and Albert Museum, whose online portal hit a record-high level of audience engagement in 2020. and the U.S. New York art attorney Amelia K.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

LexBlog IP

MAY 18, 2022

If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”) for 25 years in China. For comparison, U.S.

Designs 52

Designs Design Copyright Artistic Work 52

The IPKat

JUNE 17, 2023

“ 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.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

43(B)log

SEPTEMBER 1, 2021

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021. Did Mandabach have valid marks?

Social Media 93

Social Media Television False Advertising Artistic Work 93

LexBlog IP

MARCH 27, 2023

There the Second Circuit held that “section 43(a) of the Lanham Act does not bar a minimally relevant use of a celebrity’s name in the title of an artistic work where the title does not explicitly denote authorship, sponsorship, or endorsement by the celebrity or explicitly mislead as to content.” Grimaldi , 875 F.2d

Artistic Work 52

Artistic Work Designs Design Trademark 52

IPilogue

JANUARY 17, 2022

While the public was free to use and copy Winnie the Pooh’s image in Canada long before January 1, 2022, they had to be careful not to make their works accessible in the U.S. where the work was still protected by copyright. or other jurisdictions such as the U.K.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. Appropriating such work would be illegal. right to copyright will exist.

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.”

Intellectual Property 91

Intellectual Property Litigation Trademark Artistic Work 91

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. Ameya Vinod Khopkar Entertainment, 2020 SCC OnLine Bom 11301 [9] Rakshana.

Cinema 97

Cinema Copyright Blogging Registration 97

SpicyIP

OCTOBER 9, 2022

As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. There is also no policy guidance from the Indian Copyright Office on whether only humans can be considered authors. Author provided image. Created using Dall-E 2.

Registration 115

Registration Art Copyright Artwork 115

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 57

Copyright Copying Branding Design 57

Intellectual Property Law Blog

JUNE 16, 2023

The Supreme Court recounted the facts and reasoning underlying Rogers that “the titles of ‘artistic works,’ like the works themselves, have an ‘expressive element’ implicating ‘First Amendment values.’ [11] 3d, 1170, 1175-1176 (2020). [18] 1125(c)(3)(A). 1669, 1683-1684 n.58 58 (2007)). [14] 14] 599 U.S. 2023) (slip op.,

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

Kluwer Copyright Blog

MARCH 11, 2024

Artistic craftsmanship As discussed above, copyright protection in the UK covers only a restrictive list of works. Originality alone is not enough and what constitutes “ artistic craftsmanship ” is still somewhat unclear, as case law interpretation varies.

Copyright Law 57

Copyright Law Law Copyright Intellectual Property Law 57

The IPKat

OCTOBER 15, 2023

Background Both the Claimant and Respondent sold dining tables. The Claimant launched its dining table in 2018 as part of its ‘Palais Royal’ furniture collection, which also won numerous awards.

Art 90

Art Design Designs Marketing 90

IIPRD

APRIL 8, 2024

In India, Section 2(d) of the Copyright Act, 1957 defines, “author” as, “ concerning any literary, dramatic, musical or artistic work which is computer generated, the person who causes the work to be created”. [9] 152 (2020). 152 (2020). [9] The framework around AI generated art is extremely vague around the world.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. The statutory exception for depicting people in literary and artistic works doesn’t apply to the associated ads (?). I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more.

Advertising 87

Advertising Advertising Social Media Blogging 87

Kluwer Copyright Blog

JUNE 30, 2021

In 2020 the District Court agreed with the defendants that the use of the song in the documentary was fair use and hence granted the motion to dismiss. The defendants in response moved under Federal Rule 12(b)(6) to dismiss the plaintiffs’ claims, contending that their use of the song in the documentary was fair use under 17 U.S.C. §

Fair Use 101

Fair Use Copyright Law Copyright Law 101

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Facebook Twitter LinkedIn WhatsApp The post Conundrum Involving The Ownership Of The Work Created By Ai first appeared on IPLF. 1996) 38 DRJ 81 (India). [2]

Ownership 75

Ownership Moral Rights Public Domain Intellectual Property 75

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IP Whiteboard

JULY 19, 2020

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection.

Copyright 52

Copyright Law Government Public Domain 52

The IPKat

MARCH 25, 2022

On 30 July 2020, DC filed a Notice of Opposition and Statement of Grounds. A key issue identified by the Hearing Officer was the use of WONDER WOMAN as a trade mark and the comparisons that could be drawn between it being used as the title of an artistic work.

Artistic Work 94

Artistic Work Registration Law IP 94

LexBlog IP

JUNE 16, 2023

” The Supreme Court recounted the facts and reasoning underlying Rogers that “the titles of ‘artistic works,’ like the works themselves, have an ‘expressive element’ implicating ‘First Amendment values.’ 3d, 1170, 1175-1176 (2020). [18] ’ §1125(c)(3)(A).

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

” The Supreme Court recounted the facts and reasoning underlying Rogers that “the titles of ‘artistic works,’ like the works themselves, have an ‘expressive element’ implicating ‘First Amendment values.’ 3d, 1170, 1175-1176 (2020). [18] ’ §1125(c)(3)(A).

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

SpicyIP

MARCH 11, 2024

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. The defendants had five licenses for the plaintiff’s Nuke software, which expired on September 20, 2020.

Trademark 59

Trademark Registration Copyright Patent 59

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

IIPRD

SEPTEMBER 17, 2021

According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite. It is an either-or choice.

Editing 52

Editing IP Artistic Work Design 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization. iv] Sameer Wadekar & Anr.

Intellectual Property 88

Intellectual Property IP Government Invention 88

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

SpicyIP

DECEMBER 4, 2023

Image from here SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020.

Registration 59

Registration Artistic Work Technology Patent 59

LexBlog IP

SEPTEMBER 11, 2023

1] Refusal of First Request for Reconsideration from USCO to Ryan Abbott [Thaler’s attorney] at 1-2 (March 30, 2020). [2] Kristen Maaherra , 114 F.3d 3d 955 (9th Cir. Future cases will undoubtedly question the amount of human involvement necessary for copyrightability versus machine involvement in this Gen AI era. [1] 1873 (1974).

Copyright Law 52

Copyright Law Copyright Technology Registration 52

Kluwer Copyright Blog

MARCH 1, 2023

If heightened First Amendment protections are not put in place, the threat of costly legal proceedings may cause creators to avoid the use of trademarks in their artistic works. In 2020, the American Intellectual Property Law Association reported that the median cost of trademark litigation in the U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

IPilogue

SEPTEMBER 23, 2021

15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. To call the result a stalemate would stultify the point of having presumptions at all and would anyway probably be contrary to art. 5 reads:

Ownership 92

Ownership Copyright Intellectual Property Design 92

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59