Expert insights. Personalized for you.
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. MORE
” 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. MORE
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. MORE
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. MORE
In the Redbubble case, the Ninth Circuit affirmed the rejection of LTTB’s trademark claims against Redbubble for allowing artists to sell shirts and other items that used the phrase LTTB as ornamentation. Question: is a political newsletter really artistic? MORE
Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. The only requirement is that the work must be original. MORE
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. MORE
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. MORE
However, while this acknowledged the rights of all artists against unauthorised broadcasting or recording of their performances, it deprived them of control over their works only when fixed on an audiovisual medium, as opposed to a sound recording. Image by stokpic from Pixabay. MORE
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. MORE
The performance of the song clip in the film was transformative, as it was held that the filmmaker had used the unaltered song as “raw material” to produce a work with undoubtedly “new aesthetics” (in this regard, the District Court had cited the 2006 Second Circuit’s precedent Blanch v. MORE
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. MORE
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. MORE
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. MORE
The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. Now, as a result of the Supreme Court’s decision, the “government edicts doctrine” has been extended to cover works of legislators in their legislative capacity. MORE
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. MORE
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. MORE
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. MORE
Beeple (American digital artist) sells NFT of one of his works for $69 million USD. A non-fungible token is a one-of-a-kind digital token that may be linked to another item or asset, often a digital work, such as a drawing, video or piece of music. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. This source of income is not available to artists who sell traditional art. MORE
It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works. Answer: Copyright gives you (the copyright owner) the right to exclusively control and exploit your creative works. MORE
Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. Section 13(1) provides that the author of a work is its first copyright owner. Section 13(2) provides one exception: where the work is done by an author-employee for their employer as part of their job and there is no contrary agreement. MORE
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.”. MORE
A blog is like any other creative work of literature manifested in a different form. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. MORE
If the injunction is invalidated, the judge may designate a custodian for the republication, exploitation, exhibition, manufacturing or reproduction of the work, sound recording or broadcast program according to article 180 ECL (for more detailed analysis, see here ). MORE
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. MORE
A copyright is a form of intellectual property that protects original works of authorship. Copyrightable works include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. MORE
He finally argues that sports celebrations consisting of a combination of steps could be considered choreographic works and thus granted protection as ‘dramatic works’. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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? MORE
Artistic Work Related Topics IPilogue
SEPTEMBER 20, 2021
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.
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
SpicyIP
JULY 28, 2021
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.
Kashishipr
SEPTEMBER 20, 2021
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.
Intellectual Property Office Blog
OCTOBER 15, 2021
It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works. Answer: Copyright gives you (the copyright owner) the right to exclusively control and exploit your creative works.
IP and Legal Filings
SEPTEMBER 17, 2021
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
SEPTEMBER 20, 2021
He finally argues that sports celebrations consisting of a combination of steps could be considered choreographic works and thus granted protection as ‘dramatic works’.
Dear Rich IP Blog
SEPTEMBER 4, 2020
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.
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. communicate the work to the public.
LexBlog IP
SEPTEMBER 27, 2021
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.
LexBlog IP
AUGUST 31, 2021
” 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.
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. Caryn Mandabach Prods. Sadlers Brewhouse Ltd., 2021 WL 2497928, No. CV 20-10220-CBM-(JEMx) (C.D.
Selvam & Selvam Blog
AUGUST 22, 2021
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.
IIPRD
JUNE 14, 2021
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.
The IPKat
SEPTEMBER 24, 2021
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.
Copyright Lately
APRIL 23, 2021
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.”.
Kashishipr
AUGUST 25, 2021
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.
SpicyIP
AUGUST 2, 2021
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.
Selvam & Selvam Blog
JULY 19, 2021
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?
Kashishipr
JULY 14, 2021
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.
SpicyIP
JULY 5, 2021
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.
Technology & Marketing Law Blog
AUGUST 3, 2021
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.
Kashishipr
MAY 25, 2021
A blog is like any other creative work of literature manifested in a different form. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work.
Kluwer Copyright Blog
JUNE 30, 2021
The performance of the song clip in the film was transformative, as it was held that the filmmaker had used the unaltered song as “raw material” to produce a work with undoubtedly “new aesthetics” (in this regard, the District Court had cited the 2006 Second Circuit’s precedent Blanch v.
TraskBritt Intellectual Property
MARCH 18, 2021
A copyright is a form of intellectual property that protects original works of authorship. Copyrightable works include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Garrigues Blog
MAY 11, 2021
Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. The only requirement is that the work must be original.
Kluwer Copyright Blog
JUNE 18, 2021
However, while this acknowledged the rights of all artists against unauthorised broadcasting or recording of their performances, it deprived them of control over their works only when fixed on an audiovisual medium, as opposed to a sound recording. Image by stokpic from Pixabay.
IPilogue
SEPTEMBER 23, 2021
Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. Section 13(1) provides that the author of a work is its first copyright owner. Section 13(2) provides one exception: where the work is done by an author-employee for their employer as part of their job and there is no contrary agreement.
Kluwer Copyright Blog
SEPTEMBER 16, 2021
If the injunction is invalidated, the judge may designate a custodian for the republication, exploitation, exhibition, manufacturing or reproduction of the work, sound recording or broadcast program according to article 180 ECL (for more detailed analysis, see here ).
IP Whiteboard
JULY 19, 2020
The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. Now, as a result of the Supreme Court’s decision, the “government edicts doctrine” has been extended to cover works of legislators in their legislative capacity.
IP Whiteboard
JUNE 7, 2021
Beeple (American digital artist) sells NFT of one of his works for $69 million USD. A non-fungible token is a one-of-a-kind digital token that may be linked to another item or asset, often a digital work, such as a drawing, video or piece of music. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. This source of income is not available to artists who sell traditional art.
43(B)log
OCTOBER 4, 2021
In the Redbubble case, the Ninth Circuit affirmed the rejection of LTTB’s trademark claims against Redbubble for allowing artists to sell shirts and other items that used the phrase LTTB as ornamentation. Question: is a political newsletter really artistic?
76 
Let's personalize your content