IP and Legal Filings

MARCH 9, 2022

If a singer, at a concert, was to sing in a melodious way, in an impromptu manner, i.e., there were no prior existing lyrics or melody, would such a singer be considered an author of the lyrics and the music, apart from being a performer Under Indian Copyright Law ? INTER-RELATIONSHIP BETWEEN PERFORMER, PERFORMANCE, AND A WORK.

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Copyright Law Copyright Law Music 71

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. There are four main types of intellectual property rights; patents, trademarks, copyrights, and trade secrets.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IPilogue

NOVEMBER 24, 2022

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. However, with the convenience of streaming music through these digital platforms, the music industry has also had to deal with a wide range of copyright issues, including online copyright infringement.

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Copyright Infringement Music Copyright Law 124

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Copyrightable work The works that can claim copyright protection are enumerated under Section 13 of the Copyright Act. Universal Pictures [3] (1942).

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Copyright Artistic Work Copyright Law Art 96

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. 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.

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Fair Use Copyright Law Copyright Law 52

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. But unanswered questions abound. Perlmutter, et.

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Copyright Copyright Law Artistic Work Ownership 147

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Google, Inc.

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Fair Use Copyright Law Copyright Law 103

IP Watchdog

NOVEMBER 3, 2021

Copyright law protects artistic works. The original author is the one who owns the copyright of the piece. Translation raises an interesting question when it comes to copyright. Who will own the copyright of the translated work?

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Copyright Artistic Work Copyright Law Law 124

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. The solution is not to reject one reasonable view in favor of another—that would be the very aesthetic discrimination the law has long rejected.

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Copyright Law Fair Use Law Artistic Work 94

SpicyIP

JULY 29, 2021

We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Fonts & Typefaces: Are they Copyrightable? . Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first.

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Copyright Artistic Work Copyright Law Fair Use 126

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Art Artistic Work Law Designs 59

IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. What Is Copyright? Furthermore, protect it from any kind of misuse.

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Designs Design Copyright Copyright Infringement 89

The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine. Such a request was once again unsuccessful.

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Copyright Artistic Work Copyright Law Contracts 145

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. Let’s see more in detail how the judge reasoned.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

IP and Legal Filings

SEPTEMBER 20, 2023

This uncertainty raises the question as to whetherYoga Asanas be copyrighted?Through Yoga poses and copyrightability The question of the copyrightability of Yoga Asanas has two aspects- the copyrightability of a new Asana and the copyrightability of a new type/ sequence of Yoga Asanas.

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Copyright Copyright Law Invention Public Domain 87

Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. However, for artists, rightsholders and those familiar with copyright, it was completely predictable. Copyright Office. Finding a Use.

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Copyright Non-Fungible Tokens Technology Plagiarism 237

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. This act is often done without the prior consent or permission of the copyright holder or the photographer of the picture.

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Copyright Infringement Editing Copyright Artistic Work 52

SpicyIP

DECEMBER 15, 2023

Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

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Copyright Artistic Work Copyright Law Music 49

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.

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Derivative Work Editing Copyright Music 137

IP and Legal Filings

OCTOBER 12, 2023

Main Body The subject matter of copyright protection is the literary, artistic, dramatic, musical, and cinematographic films and sound recordings, whichare governed by the Indian Copyright Act, 1957 which allows creators to distribute, reproduce, sell, assign, and display their work by ensuring the protection of their intellectual property.

Copyright 90

Copyright Intellectual Property Ownership Fair Use 90

IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

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Contracts Artistic Work Copyright Copyright Law 76

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

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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Copyright Art Copyright Law Licensing 124

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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Copyright Copyright Law Technology Artistic Work 75

SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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Copyright Registration Artistic Work Artwork 116

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

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Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

JULY 13, 2022

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. Fashion Copyright. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner.

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Copyright Artistic Work Designs Design 67

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. In India, the protection of copyright is governed by the Copyright Act, 1957.

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Registration Copyright Artistic Work Ownership 52

IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. Liking”), to strike out Water Rower (UK) Ltd.’s

Art 73

Art Artistic Work Copyright Law Designs 73

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. How about Copyright or Design Protection?

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Editing Law IP Designs 105

SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. Such works qualify as ‘computer generated works’ under the Indian Copyright Act. Computer-generated works were included as a category of works in 1995, presumably at a time when AI was not making art.

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Registration Art Copyright Artwork 124

IP and Legal Filings

JANUARY 24, 2023

In this article I will look into two main questions, firstly, who owns/ who should own the copyright in AI (ii) whether AI satisfies the criteria of human element in AI. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

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Copyright Ownership Artistic Work Intellectual Property 91

IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work.

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Copyright Infringement Copyright Copying Artistic Work 106

SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. Hons) student at the National Law School of India University (NLSIU), Bangalore. What led to this divergence?

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Copyright Artistic Work Publishing Public Domain 59

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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Art Copyright Artistic Work Moral Rights 52