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.

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.

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.

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’.

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.

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.

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.

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.

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.

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.”.

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.

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.

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?

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.

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.

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.

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

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.

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

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.

Trademarks vs. Copyrights for Startups

TraskBritt Intellectual Property

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.

Can I register my architectural work? A glance through copyright in Peru

Garrigues Blog

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.

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

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.

Copyright Ownership of Movies and Films in Canada: Who’s on First?

IPilogue

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.

Dynamic Blocking Injunctions – Lessons for the Egyptian Copyright Legislator

Kluwer Copyright Blog

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 ).

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

IP Whiteboard

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.

“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

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.

USC IP year in review, TM/ROP

43(B)log

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?

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