IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. Any creative works are under the purview of copyright law, according to WIPO. These creations are regarded as artistic. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art.

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IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Garimella and S. Jolly (eds.)2017)

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. What could this mean for UK and Canadian copyright law? Deputy High Court Judge Stone rejected a motion by the defendants, Liking Ltd.

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Art Artistic Work Copyright Law Designs 73

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. Without the knowledge of infringement, the creators will be impaired.

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Art IP Intellectual Property Copyright 52

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 86

Copyright Law Copyright Law Social Media 86

IP and Legal Filings

SEPTEMBER 20, 2023

The Geographical Indication Act of Goods Act 1999 – Certain textile and forms of art originate from specific regions, the GI Act aims to protect the location specific art form from unauthorized use and branding. In India, the Registrar of Copyrights divides the works to be registered into the following six categories: Part A.

Designs 86

Designs Design Copyright Copyright Infringement 86

LexBlog IP

FEBRUARY 26, 2024

The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death. However, although haute couture and high-concept fashion may be considered artistic works, Italian courts have rarely found designs of fashion or clothing products worthy of copyright protection.

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IP Designs Design Copying 52

The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table.

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Art Designs Design Marketing 91

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Does copyright exist in tattoos? Does copyright exist in tattoos?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Firstly, the amendment 399 to Art.

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Copyright Art Copyright Law Licensing 122

Intellectual Property Office Blog

OCTOBER 15, 2021

Whether you mark the work or not doesn’t affect the level of protection you have. Photographs will generally be protected by copyright as artistic works. In the UK, copyright in photographs/images lasts for the life of the creator plus 70 years from the end of the calendar year of their death.

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Artistic Work Intellectual Property Social Media Copying 111

IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history.

Ownership 52

Ownership Copyright Law Copyright Law 52

The IPKat

JANUARY 17, 2024

After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G. Călinescu , C-649/23.

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Derivative Work Editing Copyright Music 136

Kluwer Copyright Blog

JULY 20, 2022

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. The emergence of NFTs has been disruptive to the world of art. Image by Riki32 via Pixabay. Conclusion.

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Copyright Copying Non-Fungible Tokens Copyright Law 132

Plagiarism Today

AUGUST 2, 2022

Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism.

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Copyright Non-Fungible Tokens Technology Plagiarism 232

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. Rather than that as little as eleven words may in certain cases enjoy protection.

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Cease and Desist Litigation Copyright Marketing 139

IP and Legal Filings

NOVEMBER 15, 2021

Due to the same reason, cyberspace can often become a breeding ground for IP infringement. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. Instances of copyright infringement in the cyberspace. Image Source: gettyimages].

Copyright Infringement 69

Copyright Infringement Business Copyright Trademark 69

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? 101 Notice that a derivative work is defined as one that’s “based upon” one or more preexisting works. . § 17 U.S.C. §

Derivative Work 106

Derivative Work Art Copying Fair Use 106

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme.

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Fair Use Copyright Law Copyright Law 52

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 102

Fair Use Copyright Law Copyright Law 102

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. How do I get a Copyright?

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Intellectual Property IP Invention Designs 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement. 1183 (2021).

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Fair Use Derivative Work Art Licensing 97

IPilogue

NOVEMBER 17, 2021

The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. WHY IS BRAND VIOLATION DANGEROUS?

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Copyright Branding Brands Branding 58

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

Copyright 52

Copyright Fair Use Registration Ownership 52

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Or is it the copyright symbol with the small ‘C’ inside you think about instantly?

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

JANUARY 31, 2023

Interestingly, StockX contends that it is not selling the NFT as digital art but rather as a “claim ticket” to the authentic Nike sneakers that the brand sells and holds in its facilities. Ripps [v] , which involves trademark infringement concerning the Bored Ape Yacht Club NFTs, and Hunley v. Yuga Labs v.

Law 80

Law Branding Brands Branding 80

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT? How are Copyrights Used?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

OCTOBER 17, 2022

the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. At some time the plaintiff realized that the avatar is Second Life was using SLART for his art gallery. Copyright Infringement. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works. Picture Credit: gettyimage].

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Copyright Artistic Work Copyright Law Designs 52

Art Law Journal

JUNE 16, 2022

Let’s say Jack grabs your artwork from your personal website and uploads it to a website he created called Stock Art Online, where he sells all his stolen digital art to make some extra cash. Jill is looking for an image to use in her blog article and finds your artwork on Stock Art Online. Let us know in the comments below.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

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. Therefore, AI may not equipped for generating an original work. to get the status of an author/joint author or any status to properly acknowledge its contribution.

Ownership 59

Ownership Moral Rights Public Domain Intellectual Property 59

SpicyIP

MARCH 11, 2024

The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act. 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.

Trademark 59

Trademark Registration Copyright Patent 59

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 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?

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52