Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme. In addition, courts support transformative or non-mirror image copying purposes.

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Fair Use Copyright Law Copyright Law 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. How to Ensure Compliance with IP?

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Social Media Intellectual Property Registration Branding 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. In the context of the Copyright Act, computer software is categorized as a ‘literary work’. What is copyright protection?

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Copyright Intellectual Property Ownership Intellectual Property Law 52

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

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.

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Artistic Work Social Media Television Trademark 59

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Fair Use Derivative Work Art Licensing 97

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. None of it includes copies of images.

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Derivative Work Art Copying Fair Use 110

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artistic work like music, etc.

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IP Non-Fungible Tokens Intellectual Property Trademark 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.

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43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] Zimbalist, 38 P.2d 2d 170 (Cal.

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LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

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Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Figure 1, Slip op.

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Fair Use Derivative Work Blogging Licensing 96

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Designs 143

IP and Legal Filings

OCTOBER 19, 2022

Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. However, the SEC has not yet permitted the trading of any category of NFTs on the licensed digital asset exchanges SEC Notification concerning Rules, Conditions and Procedures for Operating Digital Asset Business.

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Artwork Copying Contracts Copyright 61

Kluwer Copyright Blog

AUGUST 7, 2023

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. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

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Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Case Summaries Gujarat Cooperative Milk Marketing v. Would you mix up these two labels: Officers Choice and Peace Maker? Well, it appears the courts think most consumers would.

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Trademark Social Media Registering Trademarks Copyright 103

Art Law Journal

JUNE 16, 2022

The copyright holder (usually the creator but could also be a company or other entity) has the exclusive right to make copies, publicly display, distribute, and create derivatives of the artwork. Actual damages represent the money that would have been received if the artist had sold or licensed it to the infringer.

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Copyright Infringement Artwork Copyright Registration 52

IP and Legal Filings

APRIL 24, 2023

The sellers must satisfy the customer’s aesthetic senses in addition to their reputation for dependability and honesty in the market for them to appease the buyer, sellers are now more than ever compelled to package and market their items in a way that appeals to consumers and that consumers can relate to.

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Designs Design Registration Law 72

IP Whiteboard

JUNE 7, 2021

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’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

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Non-Fungible Tokens IP Cease and Desist Ownership 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. higher energy density), and more durable than lithium-ion batteries.

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Intellectual Property Technology Journalism IP 52