The IPKat

JUNE 18, 2023

Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa plc and King’s College London have partnered to offer a distance-learning course on UK, EU & US Copyright Law starting 27 September 2023. Click here to apply. It deals with a wide range of rights (e.g., For more information, click here.

Artistic Work 57

Artistic Work Copyright Law Publishing Reporting 57

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 2(c)(i), and, thus, copyrightable under sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

The IP Law Blog

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. Making a copy of a video or audio recording.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. Food plating is the technique of enhancing the presentation of food by arranging and decorating it to add value.

Art 52

Art Copyright Artistic Work Moral Rights 52

Selvam & Selvam Blog

JULY 19, 2021

Copyright Office has succinctly stated that it will register a work of authorship only if the work is created by a human being. India, under Section 2(d) of the Copyright Act, 1957, states that copyright for a computer-generated work is granted to the person who causes the work to be created.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

The IPKat

JANUARY 24, 2023

Copyright law, with its protection of materials ranging from literary, musical and artistic works to cinematograph films and computer programs, etc. Access, within the field of copyright law, is a question of ownership, authorisation or exception. organises access to some or even most of these resources.

Government 135

Government Ownership Copyright Law Copyright 135

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

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

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

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

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.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

If the computer somehow transcends its role as a tool in such a way that the purported human author cannot claim he created the output, we are dealing with computer-generated or emergent works. Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ).

Copyright Law 64

Copyright Law Copyright Public Domain Artistic Work 64

SpicyIP

DECEMBER 16, 2023

Shrimali, the term of both copyright and the term of translations was set at 25 years. In the conclusion I will highlight the major developments in the term of copyright post the Copyright Act of 1957. The Setting and the Context The term of copyright is perhaps one of the most important defining features of any copyright law.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

IIPRD

APRIL 8, 2024

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. 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.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

Designs 52

Designs Design Copyright Artistic Work 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

IP and Legal Filings

OCTOBER 11, 2022

The Copyright law thus in this case brings into play the word “performer”; Section 2(qq) of the said Act through an inclusive definition and illustrates a list of people who can be contemplated under the tag of the performer. Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast. Regardless of the position taken, the government must act urgently to address AI and copyright.

Registration 120

Registration Copyright Intellectual Property Public Domain 120

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. Hence, the plaintiff filed a copyright infringement lawsuit against them.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

IIPRD

MARCH 4, 2024

It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. There is a Copyright Act, 1957 which deals with copyright in India. Case Law on Copyright in India. This is one of the famous case laws on patent infringement.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 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

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. Hence, the plaintiff filed a copyright infringement lawsuit against them.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Kashishipr

JULY 14, 2021

Copyright and Recipes. Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. It does not protect ideas, facts, products, processes, principles, etc.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

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

Kluwer Copyright Blog

JUNE 18, 2021

It was a historic milestone in the area of rights related to copyright. Switzerland was the first State to join the list and, at present, 42 states are contracting parties to this Treaty. Each State will decide on the basis of its own laws whether or not the payment of said economic rights is subject to collective management.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

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.” can have copyright.

Copyright 85

Copyright Public Domain Copying Publishing 85

IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. Instances of copyright infringement in the cyberspace. Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works.

Copyright Infringement 70

Copyright Infringement Business Copyright Trademark 70

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

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52