Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The reproduction right. The distribution right.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

IPilogue

FEBRUARY 4, 2022

It is important to note that copyright law does not protect the idea behind the work, but the expression of work. The fact that a latter work bears some similarity to an existing work does not, on its own, amount to infringement of the reproduction right. In Okilo v Dick Francis and Anor (2003-2007) 5 I.P.L.R

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Copyright Infringement Copyright Copying Artistic Work 106

IP and Legal Filings

JULY 13, 2022

Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. 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. Copyright Act or Design Act?

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Copyright Artistic Work Designs Design 67

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

The IP Law Blog

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. There, U.S.-based

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Copyright Trademark Fair Use Contracts 97

IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. References 1. The Copyright Act, 1957 2. Yoo, Christopher.

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Artwork Intellectual Property Journalism Copyright 98

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’. Who owns the copyright?

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Copyright Intellectual Property Ownership Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations.

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Intellectual Property Invention Artistic Work Copyright 56

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. In law, the quality of an idea’s expression is given more weight.

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Copyright Public Domain Copying Publishing 88

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Copyrighting Art.

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Art Copyright Artistic Work Public Domain 52

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

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Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera.

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Copyright Infringement Copyright Art Artistic Work 143

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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

IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. Instances of copyright infringement in the cyberspace. Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works.

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Copyright Infringement Business Copyright Trademark 73

IIPRD

JUNE 14, 2021

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. Protection under the Copyright Act, 1957. Iqbal Singh Chawla&Ors. ,

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Intellectual Property Artistic Work Designs Design 40

IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works. Picture Credit: gettyimage].

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Copyright Copyright Law Artistic Work Designs 52

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. The law gives copyright owners a monopoly to exploit and monetize creative works.

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Public Domain Intellectual Property Copyright Trademark 52

IIPRD

AUGUST 11, 2023

This makes it difficult for the creator to control the dissemination of their works. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Without the knowledge of infringement, the creators will be impaired.

Art 52

Art IP Intellectual Property Copyright 52

azrights

AUGUST 11, 2022

If each output is unique and another user gets a different output even if their query is identical to yours, it means someone else could only use the same visual images as you by copying yours. Would they be infringing your copyright though? Is the output infringing copyright? Copyright position.

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Copyright Due Diligence Designs Design 97

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 96

IP and Legal Filings

APRIL 7, 2023

Introduction When creative authors, performers, and artists worked in the past, they did so mainly because of their image and notoriety than for the objective of earning a living from their endeavors, so their works were written, performed, or created to safeguard their reputation. This was the main point of the argument.

Music 52

Music Law Copyright Intellectual Property 52

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Australian Federal Court found that the HTML codes were not at risk to copyright assurance as they were not made by the human makers [6]. 2] Supra note 17. [3]

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Ownership Moral Rights Public Domain Intellectual Property 60