Is it a Picasso? A Rembrandt? No, it’s Artificial Intelligence

IPilogue

Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections. There are two opposing views on authorship and originality regarding copyright protection for AI-assisted or AI-generated works.

Legal Protection for the Software Arts — Part 5

JD Supra Law

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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Fonts & Typefaces: Are they Copyrightable? 

SpicyIP

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

Is The ‘Art’ Of Food Plating Copyrightable

Intepat

Chefs are now working hard to improve the visual experience. Before serving, a chef at such a restaurant may endeavour to make an artistic presentation of food with maximum precision and perfection. First impressions are profoundly engraved on the mind.

Art 52

Copyright and Translated Content: Who is the Creator?

IP Watchdog

Copyright law protects artistic works. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work?

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. Overview.

Puzzlingly calling a venue name a "title," court nonetheless rejects claim against MTV show

43(B)log

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring.

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis I

SpicyIP

The first proviso i.e. “an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society” has to be interpreted as against the main provision i.e. the business of issuing or granting licenses only through copyright societies. Section 33 and Business of granting licenses through Copyright Societies. Registration of Copyright society.— (1)

Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. The artist is French, I am British, and my publisher is based in the U.S. there's a copyright extension on the works. clearance for some of the works.

Fleshing out the copyright in a tattoo

IP Whiteboard

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. communicate the work to the public.

Limited Edition Products and their IP Protection

IIPRD

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.

Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years.

SpicyIP Weekly Review (September 13-19)

SpicyIP

He finally argues that sports celebrations consisting of a combination of steps could be considered choreographic works and thus granted protection as ‘dramatic works’.

The Doctrine of Fair Use in Copyright Law

Biswajit Sarkar Copyright Blog

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Usually, any type of infringement of copyrighted work goes against the law of the land. Purpose of the New Work. Nature of the Copyrighted Work.

Exploring the Various Facets of Copyrights in Digital Spaces

IP and Legal Filings

Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Technology and copyright law.

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Summarising the judgment (Part I)

SpicyIP

1) Subject to such conditions as may be prescribed,— (a) a copyright society may accept from an author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an author and other owners of right] shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.

Copyright Registration

Biswajit Sarkar Copyright Blog

Thus, registration of a copyright is no condition for claiming copyright in a work. Entries in the Register of Copyrights: The Register includes the name or titles of work, names, and addresses of authors, publishers, and copyright owners. Copyright Registration in India.

What Do You “Meme” That’s Copyrightable?

IPilogue

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination. Although the term “ author ” is not defined in the federal statute , the first owner of copyright is presumed to be the person who creates the work.

The World of 3D Printing vs. IPR

Biswajit Sarkar Copyright Blog

Human tissues, spaceship components, and, more controversially, working firearms are all possible applications of the technique. It’s up for debate whether it should be classified as a literary or aesthetic work. Have you ever seen, or heard of, printed ears? Or printed hearts?

Can I enforce my rights through the Berne Convention (1886)?

Biswajit Sarkar Copyright Blog

The Berne Convention for the Protection of Literary and Artistic Works concluded in 1886 and was amended in 1979. Berne Convention Aims to protect the works and rights of the respective authors. They are to approach the work as if it were their own country.

When Doors Close, A Market Grows: Museums, COVID-19, and Cultural Digitisation

IPilogue

For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. Photo by Ståle Grut ( Unsplash ).

Seeking Injunction in a Suit of Infringement and Passing off – Trademarks

Selvam & Selvam Blog

The issue arose, when Plaintiff framed a separate prayer for relief in infringement and a distinct prayer for relief in passing off, when in essence he only sought one thing i.e. an injunction against the defendant from using the impugned mark, label or artistic work.

Oh Dear, Piglet, They Kept My Shirt!

IPilogue

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. The previously copyrighted works enter the public domain, free to use and copy. where the work was still protected by copyright.

IPR and the World of Fashion

IIPRD

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

Andy Warhol Foundation Seeks Rehearing in Fair Use Case

Copyright Lately

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”.

IPR Related Ramifications in the Cyberspace

IP and Legal Filings

Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works. For one, it is relatively easy to replicate copyrighted works in cyberspace.

Battle of the Brushes: Are Makeup Artists Left in Copyright’s (Eye)shadow?

IPilogue

What if that filter features a makeup artist’s work? While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection?

Rogers v Grimaldi doesn't apply to alcohol, but Peaky Blinders still can't get injunction

43(B)log

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. Caryn Mandabach Prods. Sadlers Brewhouse Ltd., 2021 WL 2497928, No. CV 20-10220-CBM-(JEMx) (C.D.

Never Too Late: If you missed the IPKat last week!

The IPKat

In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

Limited edition trademarks that comprise original artistic device elements may also enjoy protection under Copyright Law. Copyright is considered to subsist in a creative work upon creation once it has been rendered in tangible form.

Design Protection: Don’t Sleep on Copyrights

LexBlog IP

Perhaps most importantly, since copyrights result immediately upon creation, companies may already possess copyrights in older and existing works (which are often no longer eligible for design patent protection), and not even be aware of it.

Welcome to the Multiverse: Derivative Works

LexBlog IP

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material.

Revisiting Copyright law and Artificial Intelligence – Part 1

Selvam & Selvam Blog

At the intersection: Copyright protection subsists in any work the moment it is expressed in a tangible form. A work must involve creativity and originality of a human being for the law to consider the work for copyright protection. What is Artificial intelligence?

[Guest Post] The wisdom of Dune and copyright litigation

The IPKat

But sometimes even this arguably generous interpretation of what may constitute a work, or a protectable part thereof, may be pushed beyond its limits, as seen in for example Levola Hengelo, ( C-310/17) when testing the legally creative notion that copyright could vest in the taste of cheese.

Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

” However, “case law weighs against Plaintiffs’ position that a defendant’s advertising of the copyrighted work itself would take the plaintiff’s § 3344 claim outside of copyright preemption.

SpicyIP Weekly Review (July 26 – August 1)

SpicyIP

In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957. CCG works with information law and policy and aims to contribute to improved governance and policy-making. Topical Highlight.

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

The IPKat

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights.

[Guest post] Universal Copyright Convention – RIP

The IPKat

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

Protecting Recipes through Intellectual Property Rights

Kashishipr

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works.

An Initial Look at Washington’s New Anti-SLAPP Statute

Technology & Marketing Law Blog

Perhaps it will also catalyze work on a long-needed federal anti-SLAPP law. Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute.

Non-fungible Tokens: Commercializing Exclusive Digital Art- A Companion Piece

IPilogue

In Canada, an express written assignment is necessary to transfer copyright from an artist to a purchaser. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. Photo by cdd20 ( Unsplash ).

Using that classic piece of art on a book cover: Grr…

The IPKat

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.

SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. Topical Highlight.