JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

Non-Fungible Tokens 111

Non-Fungible Tokens Artistic Work Trademark Patent 111

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. The label in question was designed by an employee of SK Oil Industries.

Copyright 98

Copyright Registration Registering Trademarks Trademark 98

LexBlog IP

AUGUST 17, 2023

Copyright is for artistic works, and there can be overlap between trademarks and copyright. A logo could possibly be both trademarked as a brand identifier and copyrighted as an artistic work.

Trademark 40

Trademark Copyright Patent Law Artistic Work 40

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

Artistic Work 75

Artistic Work Trademark 75

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Copyright Editing Artistic Work 52

IP and Legal Filings

JULY 13, 2022

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

Copyright 67

Copyright Intellectual Property Artistic Work Registration 67

JD Supra Law

JUNE 29, 2023

In so doing, the Court made it clear that the “Rogers Test,” a standard developed by the Second Circuit to identify protected fair use of trademarks in “artistic works,” does not apply if the alleged infringer is using another’s trademark “as a mark” to identify and. By: Moritt Hock & Hamroff LLP

Trademark 52

Trademark Artistic Work Fair Use 52

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

Trademark 52

Trademark Artistic Work Designs Design 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Trademark 64

Trademark Artistic Work Trademark Law Television 64

IP Law 360

AUGUST 24, 2022

The pastor of a Texas church apologized for his congregation's decision to put on an unauthorized rendition of "Hamilton," agreeing to pay any damages to the producers of the hit musical and promising to "use this moment as a learning opportunity about protected artistic works and intellectual property."

Intellectual Property 75

Intellectual Property Artistic Work Music 75

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.

Copyright Notice 98

Copyright Notice Art Copyright Artistic Work 98

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. This ruling was based on the leading House of Lords authority on works of artistic craftmanship, George Hensher Ltd v Restawile Upholstery (Lancs) Ltd. [1]

Copyright Law 72

Copyright Law Copyright Art Copyright Infringement 72

IP Watchdog

NOVEMBER 3, 2021

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? That includes literary pieces like novels, poems and other literary pieces.

Copyright 125

Copyright Copyright Law Artistic Work Law 125

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.

Copyright 75

Copyright Plagiarism Artistic Work Art 75

SpicyIP

SEPTEMBER 11, 2023

The picture would hopefully get clearer as and when some tangible actions take place since cultural heritage has complex branches like cultural expressions, architecture, artistic works, traditional knowledge, indigenous techniques, trade secrets et al with each having different requirements.

Artistic Work 80

Artistic Work IP Government Technology 80

IPilogue

MARCH 14, 2023

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

Intellectual Property 84

Intellectual Property Trademark Artistic Work Art 84

IP and Legal Filings

OCTOBER 12, 2022

Copyright protection is extendable to any artistic work that is original and is creative. Section 2(c) of the Copyright Act defines what “artistic work” is. This “artistic work” includes any drawing regardless of whether it possesses any artistic quality, and also includes any other works of artistic craftsmanship.

Copyright 52

Copyright Designs Design Trademark 52

Copyright Alliance

JANUARY 17, 2023

Monica Bond is a New York-based illustration artist, working with both analog and digital techniques to create art from the soul. The post Creator Spotlight with Illustration Artist Monica Bond appeared first on Copyright Alliance. In each piece she emphasizes the message, “this moment […].

Artistic Work 49

Artistic Work Copyright Art 49

The IPKat

JUNE 18, 2023

literary, dramatic, artistic works) as well as covering infringement and remedies, as well as looking at the challenges presented by international communication through satellite and the internet. It deals with a wide range of rights (e.g., For more information, click here.

Copyright Law 54

Copyright Law Patent Artistic Work Copyright 54

IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

Copyright 82

Copyright Copyright Infringement Designs Design 82

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique.

IP 52

IP Trademark Intellectual Property Registering Trademarks 52

Intepat

DECEMBER 12, 2021

Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

Copyright 52

Copyright Art Intellectual Property Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g., paintings, photographs, sculptures), musical works, cinematographic films, sound recordings, computer programs, and many more.

Registration 52

Registration Copyright Copyright Infringement Intellectual Property 52

LexBlog IP

JUNE 8, 2023

Grimaldi , weighs two factors: (1) artistic relevance of the work at issue; and (2) whether use of the other party’s mark nonetheless “explicitly misleads as to the source or the content of the work.” 2” where JACK DANIEL’S and “Old No. 7” would appear.

Trademark 52

Trademark Trademark Law Artistic Work Designs 52

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. HOW LONG DOES COPYRIGHT LAST FOR? . ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

Copyright 81

Copyright Registration Artistic Work Music 81

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. This is because copyright in artistic works including digitised works must be original and reflect the author’s ‘own intellectual creation’.

Intellectual Property 110

Intellectual Property Copyright Artistic Work Copyright Infringement 110

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

Non-Fungible Tokens 93

Non-Fungible Tokens Artwork Artistic Work Art 93

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here. Donaldson Lithographing Co.,

Copyright Law 94

Copyright Law Copyright Law Fair Use 94

Selvam & Selvam Blog

DECEMBER 14, 2022

The defendant was also prohibited from infringing on the plaintiff’s copyrights in the artistic work on the M-SEAL label and from reproducing or copying the artistic work on their own products. Pidilite Industries Limited Vs Riya Chemy – [link].

Trademark 40

Trademark Artistic Work Registration Copyright 40

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. In looking at this question, you first need to consider what work is being used as a tattoo.

Copyright 52

Copyright Moral Rights Copyright Infringement Artistic Work 52

JD Supra Law

JUNE 13, 2023

By: Ward and Smith, P.A.

Trademark 54

Trademark Artistic Work 54

SpicyIP

JANUARY 23, 2022

“the business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society” ) has to be read as an exception to the first proviso. The second proviso (i.e.

Copyright 72

Copyright Artistic Work Licensing Technology 72

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 52

Intellectual Property Copyright Law Designs Design 52

IPilogue

SEPTEMBER 20, 2021

In August of 2021, India’s copyright office recognized the RAGHAV Painting App, an artificial intelligence tool, as the co-author of a copyright-protected artistic work , Suryast. However, recent developments in India may signal the emergence of a new era of protection extending beyond humans to include artificial intelligence.

Intellectual Property 95

Intellectual Property Copyright Copyright Law IP 95

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 Copyright Infringement Copyright Law Artistic Work 52

SpicyIP

JANUARY 30, 2022

Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings?

Copyright 103

Copyright Technology Artistic Work Licensing 103

The IPKat

FEBRUARY 17, 2022

According to Ricketson , it was clearly understood that this was also a requirement for the purposes of protection under the Convention, and inherent in the phrase ‘literary and artistic works’ in Article 2.

Copyright 145

Copyright Copyright Law Intellectual Property Artistic Work 145