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.

Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

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 “artisticwork for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

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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.

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?

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.

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

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.

Copyright And Its Regulations In India

IP and Legal Filings

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.

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

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.

The Photography Show: your questions answered

Intellectual Property Office Blog

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.

Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”

Michael Geist

Yesterday, Nettwerk released a statement on Bill C-11 that is exceptionally critical of the legislative proposal: We believe that Bill C-11 represents a fundamental misunderstanding of our industry and how musical artists are discovered and fanbases are built in today’s streaming landscape.

Music 80

Authorship In An Impromptu Performance Under Indian Copyright Law

IP and Legal Filings

This article shall first attempt to analyze if performance under the Indian Copyright Act requires any pre-existing work, and if it does not, would the singer be able to claim authorship over his or her impromptu and unfixed music and lyrics. Fixation in Musical Work. INTRODUCTION.

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.

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.

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)

Is your original work automatically protected by copyright?

Intepat

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. Then, why should you register a copyright for your work?

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

SpicyIP

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? Earlier Posts: Summary and Analysis I.

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’.

Emerging Trends In Digital Copyright Law

Biswajit Sarkar Copyright Blog

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. So a person can re-post someone else content and claim it to be his original work.

US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

Can a work entirely created by a machine be protected by copyright? The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine.

Protecting Product and Packaging Designs in China Part II – Copyright

LexBlog IP

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” To be specific, the SPC found the “Tang Yun Cloakroom Furniture” (see the specimen of work below) of Crosplus Home Furnishing (Shanghai) Co.,

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.

Cardinals Of Intellectual Property Rights (Part- II)

IP and Legal Filings

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings.

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.

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.

Intellectual Property Rights And Darwinism In E-Commerce

IP and Legal Filings

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. With India being evolving globally, the scope of IPR is also gaining popularity and attention of people to secure their works.

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Copyright only protects: original works of authorship fixed in a tangible medium.

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.

Ownership of Copyrights Patents and Trademarks are Created by Employees and Independent Contractors

IP and Legal Filings

Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more. The registration is not treated as a prerequisite to acquiring the copyright of any literary work.

Case Brief: Sun Pharmaceuticals v. Cipla Ltd – IP Infringement or Global Medical Crises?

Selvam & Selvam Blog

It had accordingly, contended that Sun Pharma had been illegally using the mark “Respule” and has attempted to pass off by imitating the artistic trade dress, packaging and label. Cipla contended that Sun Pharma: Indulged in colourable imitation and substantial reproduction of the mark “Respule” by replicating the artistic trade dress, packaging and label which amounts to copyright infringement in the Artistic Works.

Understanding the 3 Common Forms of IP & their Varying Levels of Protection

Kashishipr

For instance, when a consumer buys an iPhone, the expectation is for the smartphone to operate well with a fine operating system and processor that would work for a long time. Furthermore, it enables the ones who create original works to extract profits from their respective works.

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.

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.

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.

The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. The Importance of Derivative Works.

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?

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.

Copyright Violation

IP and Legal Filings

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. selling or trading the clones of the infringed work.