43(B)log
JUNE 17, 2022
Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here.
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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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).
Garrigues Blog
APRIL 16, 2024
One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). Consequently, works applied to practical products were not protected under criminal law.
The IPKat
APRIL 25, 2024
Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.
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.
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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