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.

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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.

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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.

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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.

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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.

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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.

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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]

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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."

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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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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

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.

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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.

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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 […].

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SpicyIP

OCTOBER 6, 2022

Secondly, when somebody uses a mark on goods/services and another person claims it to be her (unregistered) artistic work. However, since the registration is voluntary, a copyright holder may opt to not register her artistic work, and leave the trader with no option to know the existence of copyright in the mark.

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JD Supra Law

MAY 23, 2023

In the first U.S.

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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.

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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).

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

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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.

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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].

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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’.

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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.

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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.

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Intellectual Property Copyright Law Designs Design 52

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.

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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.

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Copyright Artistic Work Licensing Technology 71

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.

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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?

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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.

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Intepat

OCTOBER 7, 2022

Protection of an Artistic Work–. The IP laws outlined above will not only protect a person’s work once conceived but also help protect it throughout the design phase of the product. DESIGNS ACT, 2000. COPYRIGHT ACT, 1957. Protection of a design–. Maximum 15 years. The lifetime of the creator + 60 years after his death.

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43(B)log

OCTOBER 25, 2021

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. This part is not persuasive.

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Dear Rich IP Blog

SEPTEMBER 4, 2020

clearance for some of the works. Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. A work first published outside the U.S. That puts all of the artist's works published before 1925 in the public domain in the U.S. Yes, you will need U.S.

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IP and Legal Filings

MARCH 9, 2022

Under Rome Convention also, we can find that there is a specific reference made to “performance of Literary and Artistic Works.” Literary and Artistic work under the Rome Convention is referring to ‘literary and artistic work’, as it is referred to under the Berne Convention.

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IP and Legal Filings

NOVEMBER 10, 2022

The categories of authored works eligible for copyright protection in Singapore include the following: literary, dramatic, musical, and artistic works. Creators who obtain intellectual property protection for these works receive legal, economic, and moral rights over them.

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IPilogue

FEBRUARY 2, 2023

Where the Crown can use a person’s artistic expression as incriminating evidence, the system risks limiting such expression and clashes with the government’s mandate to foster and promote the enjoyment and production of artistic works and threatens growth in the Canadian music scene both domestically and internationally.

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IPilogue

JULY 27, 2022

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

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IPilogue

NOVEMBER 24, 2022

A look at streaming giant Spotify’s recent significant copyright battles provides some insight into the issue of compensation for artists’ work on online streaming platforms. Spotify has encountered its fair share of copyright infringement lawsuits filed by music artists, record labels, and publishers.

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