Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works.

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Copyright Law Copyright Law Social Media 52

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. In Part I of the post, I discussed the relevant context for the term of copyright protection in India. Prachi, who wrote this while interning with SpicyIP, is a Third-Year B.A., page 143 ).

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

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. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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Fair Use Copyright Law Copyright Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Copyright Registration in India. Copyright registration under the Copyright Act, 1957 is optional and not mandatory. A copyright comes into existence as soon as it is given a material form. Thus, registration of a copyright is no condition for claiming copyright in a work.

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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.

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Moral Rights Copyright Artistic Work Artwork 52

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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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

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

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

SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). The image was published without obtaining the plaintiff’s permission and without the plaintiff’s watermark. The defendant was asked to apologise and pay the plaintiff CNY 500.

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Copyright Copyright Infringement Copyright Law Copying 59

The IPKat

SEPTEMBER 21, 2022

As IPKat readers may recall, the BlindSA ’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court. Ramifications??

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Copyright Artistic Work Copying Publishing 52

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

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Copyright Infringement Law Copyright Intellectual Property 52

Dragons' Den

APRIL 4, 2024

You can’t brush off copyright Charlotte's artwork is automatically protected by copyright and she therefore does not have to apply or pay a fee. Copyright protects your work and stops others from using it without your permission. Copyright protection starts as soon as the work is created.

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The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church. Again, in the words of Benjamin, "the work of art becomes a creation with entirely new functions ….”

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Art Artwork Copying Moral Rights 134

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. In 2022, A. public domain.

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Public Domain Intellectual Property Copyright Social Media 106

IIPRD

AUGUST 11, 2023

This makes it difficult for the creator to control the dissemination of their works. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. For content piracy, Takeshobo Inc.,

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Art IP Intellectual Property Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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IP Whiteboard

JULY 19, 2020

The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. This doctrine has been applied in the United States to ensure that judges, who possess the authority to interpret the law, cannot assert copyright protection over works created in their judicial capacity.

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Copyright Law Government Public Domain 52

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

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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

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Copyright Preemption.

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Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

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Intellectual Property IP Invention Designs 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. They gain from this information to create another piece of work, settling on free choices all through the cycle to figure out what the work resembles [2].

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Ownership Moral Rights Public Domain Intellectual Property 60

SpicyIP

MARCH 11, 2024

Last week we published 3 posts including a post discussing the concept of hot tubbing, a post on the DHC interim injunction order restraining Geonix on the grounds of reverse passing off, and a tidbit on CCI’s appeal before the Supreme Court in. Here is our recap of last week’s top IP developments. Anything we are missing out on?

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Trademark Registration Copyright Patent 59

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. There was also no copyright preemption. As Rogers noted, artistic works “are also sold in the commercial marketplace like other more utilitarian products, making the danger of consumer deception a legitimate concern that warrants some government regulation.”

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False Advertising Advertising Advertising Artistic Work 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection.

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Copyright Artistic Work Copyright Infringement Ownership 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. Goldsmith , Docket No.

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Fair Use Copyright Derivative Work Art 134

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. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel.

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Copyright Public Domain Copying Publishing 87

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine.

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Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

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LexBlog IP

JUNE 5, 2023

Money and copyright won by a 7-2 majority. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Goldsmith notified AWF of her belief that the work infringed her copyright. Andy Warhol.

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Fair Use Derivative Work Art Licensing 52

Garrigues Blog

MAY 11, 2021

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. Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge. Fiorella Senno.

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Copyright Moral Rights Derivative Work Registration 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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IP and Legal Filings

APRIL 24, 2023

The copyright on a registered design is in total for 15 years. Any member of public can take inspection of the records and obtain a certified copy of the entry. In the previous Act, there was a 2-year confidential period post registration, which prohibited taking inspection/certified copy of any entry in the records.

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Designs Design Registration Law 71