The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Making a copy of a video or audio recording.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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. Let’s see more in detail how the judge reasoned.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

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Copyright Infringement Law Copyright Intellectual Property 52

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 Right to Create and Sell NFTs. The reproduction right.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

Kluwer Copyright Blog

APRIL 3, 2024

By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below. Lidl’s Logos Source here First instance The first instance judge, Mrs Justice Joanna Smith, found that copyright subsisted in the Mark with Text and this was infringed by the CCP Signs.

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Copyright Infringement Copyright Copying Artistic Work 60

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. 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.

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Fair Use Copyright Law Copyright Law 52

IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work.

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Copyright Infringement Copyright Copying Artistic Work 106

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. It also mentioned that their copyright assignment wasn’t valid.

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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. The solution is not to reject one reasonable view in favor of another—that would be the very aesthetic discrimination the law has long rejected.

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Copyright Law Fair Use Law Artistic Work 94

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Copyrighting a Meme. Artistic Work.

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Copyright Artistic Work Copying Intellectual Property 89

IP and Legal Filings

JULY 13, 2022

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. Fashion Copyright. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner.

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Copyright Artistic Work Designs Design 67

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

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Copyright Trademark Fair Use Contracts 97

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Derivative Work Editing Copyright Music 137

The IPKat

DECEMBER 22, 2021

The IPKat has received the following comment from Katfriend Jørgen Blomqvist (Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen) on the recent announcement relating to the accession of Cambodia to the Berne Convention. This is, of course, very important for the creative communities of Cambodia.

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Copyright Moral Rights Copying Publishing 133

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection in India is governed by the Copyright Act, 1957 (“Copyright Act”).

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Designs Design Copyright Artistic Work 52

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. Through copyright enforcement, an exclusive right is granted to creators. The Digital Millennium Copyright Act.

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Copyright Copyright Law Technology Artistic Work 75

The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

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Contracts Artistic Work Copyright Copyright Law 76

SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. Hons) student at the National Law School of India University (NLSIU), Bangalore. What led to this divergence?

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Copyright Artistic Work Publishing Public Domain 59

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Within the case of CIT v.

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Copyright Intellectual Property Copying Music 52

Intepat

APRIL 18, 2022

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. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 98

IIPRD

MARCH 4, 2024

Components of Intellectual Property Rights and Case Laws. Copyright : – So, it is a right which is given to original creator of the work for the fixed period of time. It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work.

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Intellectual Property Invention Trademark Copying 98

Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. According to the Complaint, Stross created the photograph entitled Plenty of Trees (the “Photograph”) in 2008 and registered it with the United States Copyright Office. He received his B.S.

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Copyright Infringement Copyright Artistic Work Copying 52

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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Art Artistic Work Copyright Notice Copying 98

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

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Privacy Law Intellectual Property Music 75

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 2(c)(i), and, thus, copyrightable under sec.

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Moral Rights Fair Use Art Artistic Work 49

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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

OCTOBER 27, 2021

Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Remaining hooks are evenly distributed over the roof.”

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Cease and Desist Litigation Copyright Marketing 139

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 56

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

Biswajit Sarkar Copyright Blog

JULY 11, 2022

The Copyright Act, 1957 protects creative and artistic works in India granting exclusive rights to the author. In case of infringement of copyright, the author is entitled to certain remedies under the act that can be both civil or criminal in nature. profits earned by sale of infringing copies. Civil remedies.

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Copyright Copyright Infringement Copying Artistic Work 52

IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. Liking”), to strike out Water Rower (UK) Ltd.’s

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Art Artistic Work Copyright Law Designs 73

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.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Making a copy of a video or audio recording.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Intellectual Property Office Blog

OCTOBER 15, 2021

IPO Digital Communications Officer, Oliver Downey, recently attended The Photography Show at the NEC Birmingham alongside the team, where copyright was centre stage. It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works.

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Artistic Work Intellectual Property Social Media Copying 111

SpicyIP

DECEMBER 17, 2023

Image from here [ This post is authored by Prachi Mathur and is part II of the three-part post on terms of copyright and translations. Hons) student at the National Law School of India University (NLSIU), Bangalore. In Part I of the post, I discussed the relevant context for the term of copyright protection in India. page 143 ).

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design.

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