Art Law Journal

JUNE 16, 2022

Statutory damages would require that Jill pay at least $750 for her infringement. The copyright holder is not required to present proof of damages or profits; However, the court will consider it or other evidence in determining where along the $750-$30,000 range damages should fall. Let us know in the comments below.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

IP and Legal Filings

JUNE 12, 2023

[Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. s commercial.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

LexBlog IP

FEBRUARY 26, 2024

For the design to be distinctive in the view of the public it may be necessary that the product is advertised, and this clashes with seasonal trends and the breadth of collections which fashion houses present during various fashion weeks. Was it a tribute to Alexander McQueen or copyright infringement?

IP 52

IP Designs Design Copying 52

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?

Copyright 65

Copyright Artistic Work Designs Design 65

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.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). A comprehensive universal mechanism is needed to tackle digital piracy.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

SpicyIP

MAY 6, 2024

Critiquing this decision, Kevin Preji highlights the difference between the Indian PSITA approach and the US’ PHOSITA approach and explains why it is relevant in the present case. thus, the use of trademark “Serpenti” by the defendant for identical goods prima facie amounts to infringement under Section 29 of the Trade Marks Act, 1999.

Trademark 59

Trademark Invention Licensing Patent 59

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?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

SpicyIP

DECEMBER 15, 2023

AI generated works are not works as such, rather they are the outcomes of maximizing the likelihood of the prompted text or pixel in the command. They can be explained as the software outcomes rather than expressions of intellectual creativity to present something in the digital form.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

IPilogue

NOVEMBER 17, 2021

The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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 .

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

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].

Copyright Infringement 70

Copyright Infringement Business Copyright Trademark 70

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.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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. Code, section 107.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

The IPKat

JANUARY 17, 2024

As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Corsearch

FEBRUARY 29, 2024

Occasionally, it may be possible to cite trademark infringement if a seller has included your trademarks in either the listing description or their username. Copyright infringement refers to the unauthorized utilization of safeguarded creative works. Provide details and examples if trademark isn’t registered.

Branding 59

Branding Brands Branding Intellectual Property 59

IP and Legal Filings

OCTOBER 11, 2022

Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1. Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Cinematographic films; 3. Sound recordings.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright.

Cinema 77

Cinema Copyright Blogging Registration 77

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Trademark Infringement. Copyright Infringement. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Such creations may include literary and artistic works, designs, names, inventions, etc.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

JANUARY 31, 2023

Ripps [v] , which involves trademark infringement concerning the Bored Ape Yacht Club NFTs, and Hunley v. Instagram [vi] are two further intriguing cases to study that are currently ongoing (copyright infringement case involving embedded photographs).

Law 82

Law Branding Brands Branding 82

Traverse Legal Blog

OCTOBER 20, 2022

Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT? How are Copyrights Used? Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Corsearch

SEPTEMBER 28, 2023

Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

IIPRD

APRIL 8, 2024

This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

APRIL 24, 2023

Given the enormous resources and time invested by producers and marketers in building customer recognition through the presentation and appearance of their goods, it is crucial that the same is protected under law. Designs are registered in different classes as per the Locarno Agreement.

Designs 69

Designs Design Registration Law 69

SpicyIP

MARCH 11, 2024

The Court ruled that the defendant’s plea for vacation of stay was unfounded and deferred to the plaintiff’s prior trademark and copyright registrations, its oppositions to the defendant’s trademark applications, and its applications for rectification of the defendant’s copyright registration. United Biotech Pvt.

Trademark 59

Trademark Registration Copyright Patent 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. COPYRIGHT INFRINGEMENT IN DIGITAL ENVIRONMENT.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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.

Music 52

Music Law Copyright Intellectual Property 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Designs 143

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. Therefore, AI may not equipped for generating an original work.

Ownership 59

Ownership Moral Rights Public Domain Intellectual Property 59

SpicyIP

DECEMBER 24, 2023

The Evolution of Copyright and Translation Terms in India: Part III- A Different Term for Translations After an in-depth discussion on the terms of copyright in India, Prachi Mathur writes about the evolution of the terms of translation in India highlighting the debate regarding the reduction of the term for translations from 25 years to 10.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 85

Copyright Public Domain Copying Publishing 85

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. 15] Cariou v. 16] Goldsmith , 992 F.3d

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

JUNE 20, 2023

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95