Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

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IP and Legal Filings

JULY 13, 2022

However, in another landmark judgment in the field of copyright, there was a shift from the earlier belief that only originality was required to acquire copyright protection over work, to the current belief that the creation must also possess some level of creativity in order to qualify as intellectual property.

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Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. Before serving, a chef at such a restaurant may endeavour to make an artistic presentation of food with maximum precision and perfection.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. For more visit: [link].

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. Hence, the use of Cairou’s photograph by Prince fell under the exception of fair use and would not be an instance of copyright infringement.

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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. It thus becomes crucial for them to safeguard their creations through effective intellectual property laws.

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The IPKat

DECEMBER 30, 2021

Copyright This Kat is counting the minutes for 2022 The Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales, reviewed the book ‘Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty’ by Tito Rendas.

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Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Protecting jewellery with the aid of intellectual property rights is a topic of interest which sparks curiosity. While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. However in the case of A.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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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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IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. The fashion industry and Intellectual Property Regime in India.

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LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. It is essential for the commercial team to join forces with the marketing department to consider launching some smart advertising campaigns.

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IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed.

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SpicyIP

JULY 5, 2021

In this post , we informed our readers about an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. s devices, escalating a legal battle over the booming American market for smart-home technologies.

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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. In India, Section 57 of the Copyright Act, 1957 provides for moral rights.

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IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works. The fact that A.I.

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LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. 20] The Second Circuit reiterated its previous determination that the answer here is yes.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. In copyright opinions, courts routinely discuss the four factors in numerical order before reaching a conclusion.

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Kluwer Copyright Blog

SEPTEMBER 16, 2021

Leastways, our aim here is not to further dissect the conformity of this novel, yet somehow worrisome, practice under EU law (see here , here ). We simply endeavour to highlight its significance in reshaping copyright enforcement in the prospect of an Egyptian digital market. Overview of Injunctive Relief Under Egyptian Law.

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Art Law Journal

JUNE 16, 2022

The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Copyright registration is like having art insurance. All that needs to be done is to register your artistic works.

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Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. by Christopher Heath. €

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Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. Thus, copyright protection in the work subsists, with authors having the exclusive right to authorise or prohibit the economic exploitation, including the reproduction, of their works.

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Barry Sookman

MAY 4, 2020

According to the petition, which was advanced by The Artificial Inventor Project , a project that seeks intellectual property rights for the autonomous output of artificial intelligence, the invention was generated by a machine named “DABUS.” This issue is also being examined by the USPTO.

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