Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Nowadays, music lovers can easily stream music. The defendant no 1 i.e,

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Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Nowadays, music lovers can easily stream music. The defendant no 1 i.e,

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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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LexBlog IP

SEPTEMBER 30, 2022

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. ” It also protects images, photos, videos, and other written work, such as blog posts. That is not the case.

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IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. However, the Court ultimately dismissed August’s case because they failed to prove all the necessary elements of copyright infringement.

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IP Watchdog

APRIL 5, 2024

This week in Other Barks and Bites: Judge Pauline Newman responds in district court challenge to her suspension; Over 200 musical artists sign letter imploring tech companies to stop using AI to devalue artists’ work; a California district court denies a motion from tech giants, including Google and Apple, that sought to challenge USPTO IPR rule; and (..)

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IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Garimella and S. Jolly (eds.)2017)

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Kluwer Copyright Blog

DECEMBER 7, 2023

While the judge had held that copyright subsisted in these works, he dismissed the claims for copyright infringement on grounds that no infringement had been proved. in which copyright subsists; b. Both sides appealed to the Court of Appeal. of which Andrew Mitchell is the author; and c.

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IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

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IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

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IPilogue

NOVEMBER 9, 2022

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. What could this mean for UK and Canadian copyright law? Deputy High Court Judge Stone rejected a motion by the defendants, Liking Ltd.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Copyright involves the exclusive right to reproduce and distribute the original work.

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Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

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. Kind of Copyright Infringement. Copyright infringement can take place in various forms in this digital era.

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IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. All of these elements are critical in a case of copyright infringement and must be thoroughly examined in order to reach a just and equitable conclusion.

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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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Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g.,

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IP and Legal Filings

OCTOBER 12, 2023

Recipes and culinary skills are duly considered as creative expression yet they do not meet the criteria for copyright protection. So only the creative elements accompanied by the recipe can be authorised by copyright protection like some specific tips added with the cooking instructions. shall it be granted copyright protection.

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The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

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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. Does copyright exist in tattoos? Does copyright exist in tattoos?

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LexBlog IP

FEBRUARY 26, 2024

The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death. However, although haute couture and high-concept fashion may be considered artistic works, Italian courts have rarely found designs of fashion or clothing products worthy of copyright protection.

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Intellectual Property Office Blog

OCTOBER 15, 2021

Whether you mark the work or not doesn’t affect the level of protection you have. Photographs will generally be protected by copyright as artistic works. In the UK, copyright in photographs/images lasts for the life of the creator plus 70 years from the end of the calendar year of their death.

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IPilogue

NOVEMBER 30, 2021

Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. Moral rights ensure the integrity of the work, and, when reasonable, the artist’s right to association with their work by name or pseudonym. What about copyright infringement?

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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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SpicyIP

DECEMBER 15, 2023

Yong Wan and Hongxuyang Lu examine the experience of China and highlights that some AI-generated outputs are eligible for copyright protection in China, depending on the specific circumstances.

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IPilogue

DECEMBER 9, 2021

Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. One defence to copyright infringement is fair dealing for the purpose of parody or satire ( s.29 29 of the Copyright Act ).

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Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Section 37(3) enlists the various acts which may constitute infringement of ‘broadcaster’s reproduction rights’ in the absence of an authorized license.

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The IPKat

SEPTEMBER 24, 2021

The Court of Appeal’s considerations The Court of Appeal adopted the 2 issues for determination submitted by the Appellant, which related to: appropriate defendant in photography-related copyright infringement cases and image rights cases (i.e. VMNL) or both that person and their licensee (i.e. VMNL and the Respondent in the appeal).

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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.

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Selvam & Selvam Blog

APRIL 1, 2022

Accordingly, Cipla Ltd brought in an action for Trademark infringement, copyright infringement and passing off. In the instant case, Cipla Ltd filed a suit seeking a permanent injunction against Sun Pharma for infringing the trademark “Respule”. Background. Cipla’s Contentions .

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IP and Legal Filings

NOVEMBER 15, 2021

Due to the same reason, cyberspace can often become a breeding ground for IP infringement. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. Instances of copyright infringement in the cyberspace. Image Source: gettyimages].

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The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21.

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Plagiarism Today

AUGUST 2, 2022

Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism.

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SpicyIP

OCTOBER 9, 2022

This is especially concerning given that High Courts are now elevating the status of copyright registrations from mere registrations (results of non-mandatory, administrative processes) to bullet-proof licenses. As he explains, this interpretation is incorrect. A worrisome paradox.

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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. before infringement. Civil remedies. Criminal remedies.

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Kashishipr

MARCH 16, 2022

In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work. In the present digital era, a significant amount of content is freely available on the internet for anyone and everyone to use.

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