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. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

Biswajit Sarkar Copyright Blog

NOVEMBER 19, 2021

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. Works made in one of the Contracting States are afforded the same level of security in all other Contracting States.

Contracts 52

Contracts Artistic Work Fair Use Licensing 52

IP and Legal Filings

MARCH 9, 2022

The concept of the Indian Copyright Act, there are two perspectives which can be discussed, it is the Authorship rights of the employers concerning the context of the employment-based on contract, firstly about freelancers and secondly the employees. Hence, the overall construction of the Copyright Act is fulfilling the righteous needs.

Ownership 72

Ownership Copyright Trademark Contracts 72

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

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.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

Plagiarism Today

AUGUST 2, 2022

For almost as long as the blockchain has existed, supporters and advocates of it have claimed it would revolutionize the way we consume art, handle copyright disputes and earn revenue from artistic works. To put it mildly, those promises have not come to fruition. It’s a simple idea, but one that hasn’t taken off yet.

Copyright 227

Copyright Non-Fungible Tokens Technology Plagiarism 227

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. In Canada, an express written assignment is necessary to transfer copyright from an artist to a purchaser. Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

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 Work 40

Derivative Work Artistic Work Licensing Ownership 40

IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. Production Contracts – After the director, producer, and script are ready, three categories come into play.

Privacy 76

Privacy Law Intellectual Property Music 76

IPilogue

AUGUST 16, 2022

C-42 , the following conditions must be met for a copyright to be conferred to an author of an artistic work:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 6] Stuart D. Levi & Alex B. 10] Nichols v Universal Pictures Co, 45 F.2d

IP 52

IP Artwork Contracts Intellectual Property 52

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

Biswajit Sarkar Copyright Blog

AUGUST 5, 2022

Thus, it can be concluded that authors of the original musical work, i.e. the composer, are the first owner of the copyright that is incorporated in a cinematographic film.

Music 52

Music Ownership Copyright Artistic Work 52

Intepat

JUNE 15, 2023

Copyright is a form of intellectual property law designed to safeguard original works of authorship including literary, dramatic, and artistic works such as computer software, novels, architecture etc. In the context of the Copyright Act, computer software is categorized as a ‘literary work’. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Copyright arises on the date the original work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IP and Legal Filings

JUNE 27, 2022

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. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc. For more visit: [link].

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 106

Social Media IP Business Branding 106

IP Whiteboard

JULY 19, 2020

The Code Revision Commission ( Commission ) – the State’s entity composed mostly of legislators who assemble the OCGA – contracted with a division of the LexisNexis Group to draft the annotations under the OCGA. The Act does not state whether judges or legislators can assert copyright protection over their works.

Copyright 52

Copyright Law Government Public Domain 52

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. The songs have since returned to streaming platforms.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IP and Legal Filings

OCTOBER 19, 2022

Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. ” The transfer of ownership or copyrights of the specific assets or works to another person is typically not specified in such smart contracts. 2537 (1994).

Artwork 61

Artwork Copying Contracts Copyright 61

SpicyIP

JANUARY 16, 2022

On Sections 33 and 34, the Court held as follows: “47.The The learned counsel for the plaintiff contended that joining a copyright society is purely optional as is evident from Section 34 of the Act.

Technology 91

Technology Licensing Artistic Work Copyright 91

LexBlog IP

SEPTEMBER 11, 2023

Kristen Maaherra , 114 F.3d 3d 955 (9th Cir. The District Court likewise rejected this argument, noting that this argument concerns to whom a valid copyright should have been registered (and not who the author should be) and therefore “put[s] the cart before the horse” Thaler v.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

IPilogue

SEPTEMBER 23, 2021

1)(b) to presume ownership in the plaintiff, he being the “author” of the “work” ( Choko, QCCS at [55]). The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). The court applied s. The relevant part of s. 5 reads:

Ownership 92

Ownership Copyright Intellectual Property Designs 92

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 89

Copyright Public Domain Copying Publishing 89

Technology & Marketing Law Blog

JUNE 20, 2023

As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. at 563) On Factor 2, although “[t]he law generally recognizes a greater need to disseminate factual works than works of fiction or fantasy” ( id. 1600 (1982). 4th at 50.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

43(B)log

OCTOBER 4, 2021

30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. Question: is a political newsletter really artistic? Of course, there are lots of expressive works that are purely commercial, like standard advertising. Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94