IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. Universal Pictures [3] (1942).

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Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. Copyright protection will be available if the presentation is unique.

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Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. This bedrock principle was reinforced in two recent copyright decisions.

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IP Law 360

JULY 7, 2022

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. But of course.

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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. In all this, Cattelan is likely right in saying that Comedian is one of the best-known works of his.

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SpicyIP

JULY 29, 2021

We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Fonts & Typefaces: Are they Copyrightable? . Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first.

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JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

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IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright? The Berne Convention solidified it.

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Designs Design Copyright Copyright Infringement 90

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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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. However, for artists, rightsholders and those familiar with copyright, it was completely predictable. A rethinking of blockchain and crypto’s role in copyright, and an examination of both if and how it might actually help.

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Copyright Non-Fungible Tokens Technology Plagiarism 236

The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. That is not the case.

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Copyright Infringement Copyright Social Media Fair Use 122

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

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SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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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. ChatGPT , Smodin ), to perform music (i.e.,

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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Copyright Artistic Work Copyright Infringement Ownership 52

IP and Legal Filings

SEPTEMBER 20, 2023

This uncertainty raises the question as to whetherYoga Asanas be copyrighted?Through Yoga poses and copyrightability The question of the copyrightability of Yoga Asanas has two aspects- the copyrightability of a new Asana and the copyrightability of a new type/ sequence of Yoga Asanas.

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IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. In India, this protection is given by the Copyright Act, 1957.

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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.

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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. This makes it difficult for the creator to control the dissemination of their works. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator.

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Art IP Intellectual Property Copyright 52

IIPRD

APRIL 3, 2024

Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Tahiliani Design Pvt.

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Artistic Work Designs Design Copyright 45

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 question is whether the creation and sale of NFTs is included in any of the exclusive rights provided to the copyright owner.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

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. If an image is attached to an NFT, does that mean I own the copyright for that image?

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? 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.

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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.

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SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. In this two-part blog, I will be analysing the historical debates and developments of the terms of copyright.

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Velocity of Content

MARCH 22, 2023

The “simple version” of the effect of the Copyright Term Extension Act of 1998 , which is the one I’ve generally gone with, is as follows: Copyright terms for US works were extended by 20 years. In the ordinary case, that amendment to the US copyright statute extended terms to life-plus-70 years.

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Copyright Publishing Social Media Artistic Work 98

The IPKat

OCTOBER 27, 2021

Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Remaining hooks are evenly distributed over the roof.”

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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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

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Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. According to the Complaint, Stross created the photograph entitled Plenty of Trees (the “Photograph”) in 2008 and registered it with the United States Copyright Office. He received his B.S.

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Copyright Infringement Copyright Artistic Work Copying 52

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast. requiring some human participation for AI-generated works to receive authorship); and.

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SpicyIP

DECEMBER 17, 2023

Image from here [ This post is authored by Prachi Mathur and is part II of the three-part post on terms of copyright and translations. In Part I of the post, I discussed the relevant context for the term of copyright protection in India. Prachi, who wrote this while interning with SpicyIP, is a Third-Year B.A., page 143 ).

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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

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Designs Design Copyright Artistic Work 52

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. In fact, one of Prof.

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Kluwer Copyright Blog

FEBRUARY 8, 2023

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). One important question has been whether copyright law should be extended in order to protect such works.

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Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. For instance, copyright protection has been denied to photographs taken by paparazzi and photographs of sport events.

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