JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

Non-Fungible Tokens 115

Non-Fungible Tokens Artistic Work IP Patent 115

IPilogue

FEBRUARY 2, 2023

Pina D’Agostino’s IP Intensive Program. If you’re a fan of Hip-Hop music, you might just find your favourite artist fighting to protect themselves from their own lyrics. Mona Karimi is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof.

Music 111

Music Law IP Artistic Work 111

IP Watchdog

APRIL 5, 2024

This week in Other Barks and Bites: Judge Pauline Newman responds in district court challenge to her suspension; Over 200 musical artists sign letter imploring tech companies to stop using AI to devalue artists’ work; a California district court denies a motion from tech giants, including Google and Apple, that sought to challenge USPTO IPR rule; and (..)

Music 59

Music Artistic Work Copyright Infringement Copyright 59

JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. By: Kidon IP

Art 98

Art Artistic Work Copyright Notice Copying 98

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP Law 360

MARCH 21, 2024

Bill Lee signed into law Thursday a first-of-its-kind legislation intended to tackle misuse of artificial intelligence by modifying a state law banning unauthorized copies of artists' works to cover musicians, their voices and their songs.

Artistic Work 52

Artistic Work Law Copying 52

JD Supra Law

JANUARY 25, 2024

By: Irwin IP LLP

Artistic Work 70

Artistic Work IP Copyright 70

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. As such, IP protection of jewelry is crucial for jewelry companies for a variety of reasons.

Designs 52

Designs Design Copyright Artistic Work 52

IP Law 360

JANUARY 17, 2024

A recently introduced bill in Tennessee would modify the state's laws banning unauthorized copies of artists' works to cover musicians, their voices and their songs.

Artistic Work 52

Artistic Work Law Copying 52

IPilogue

MARCH 14, 2023

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

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 ? The post Limited Edition Products: Can they be Protected under IP Law? For more visit: [link].

Editing 105

Editing Law IP Designs 105

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. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]

IP 52

IP Artwork Contracts Intellectual Property 52

IP Watchdog

JANUARY 22, 2023

On January 18, a series of 16 amicus briefs were filed with the Supreme Court, the vast majority of which urged the nation’s highest court to reverse the Ninth Circuit’s ruling and limit the application of the Rogers test to clearly artistic works and exclude consumer products that happened to have some humorous expression.

Artistic Work 124

Artistic Work Branding Brands Branding 124

LexBlog IP

JANUARY 28, 2024

It is something that is often overlooked however it is considered best practice to add a copyright statement and the little c symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns.

Copyright 52

Copyright Artistic Work Publishing Business 52

The IPKat

JUNE 18, 2023

literary, dramatic, artistic works) as well as covering infringement and remedies, as well as looking at the challenges presented by international communication through satellite and the internet. It deals with a wide range of rights (e.g., For more information, click here. For more information, click here.

Artistic Work 57

Artistic Work Copyright Law Publishing Reporting 57

IP and Legal Filings

OCTOBER 8, 2023

It states that the following classes of works are copyrightable- Original literary, dramatic, musical and artistic works; Cinematograph films, and Sound recording The term ‘artistic work’ is defined under Section 2(c) of the Act. Author: G.B.

Copyright 101

Copyright Artistic Work Copyright Law Art 101

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. There is a fourth type of IP protection, trade secrets, that doesn’t involve registering the rights with a government office.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

IPilogue

SEPTEMBER 20, 2021

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . Creative works, such as artworks, qualify for copyright protection if they are original.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

IP and Legal Filings

JULY 13, 2022

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. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

Copyright 71

Copyright Artistic Work Designs Design 71

SpicyIP

SEPTEMBER 11, 2023

While perusing through the Declaration, I found a couple of interesting IP related commitments. While there seem to be general commitments made in its preamble, specific aims have been enlisted under each category branching into sub-categories.

Artistic Work 104

Artistic Work Technology Government IP 104

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. The label in question was designed by an employee of SK Oil Industries.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

APRIL 8, 2024

If you've been too busy watching for signs that spring has truly sprung , here's the summary of the IP news you missed last week: Trade Marks Image from RebaSpike via Pixabay.

Artistic Work 62

Artistic Work Invention Copyright Licensing 62

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

Artistic Work 75

Artistic Work Trademark 75

IPilogue

JULY 27, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years.

Public Domain 130

Public Domain Copyright Artistic Work Registration 130

LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP Watchdog

NOVEMBER 3, 2021

Copyright law protects artistic works. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work? That includes literary pieces like novels, poems and other literary pieces.

Copyright 124

Copyright Artistic Work Copyright Law Law 124

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 106

Social Media IP Business Branding 106

IIPRD

AUGUST 11, 2023

IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. 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. Napster, Inc., 4] Star India v.

Art 52

Art IP Intellectual Property Copyright 52

IP Law 360

AUGUST 24, 2022

The pastor of a Texas church apologized for his congregation's decision to put on an unauthorized rendition of "Hamilton," agreeing to pay any damages to the producers of the hit musical and promising to "use this moment as a learning opportunity about protected artistic works and intellectual property."

Artistic Work 75

Artistic Work Intellectual Property Music 75

The IPKat

JANUARY 28, 2023

IP Provisions in the Treaty of Versailles Intellectual property-related provisions in the Treaty of Versailles can be broadly divided into two groups: those restoring German-owned IP rights in the Allied and Associated Powers, and those related to GIs. Second, arts. Second, arts. Nevertheless, very few countries were signatories.

Art 130

Art IP Intellectual Property Artistic Work 130

IP Law 360

JULY 7, 2022

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity.

Artistic Work 75

Artistic Work Art Copyright Plagiarism 75

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. DESIGNS ACT, 2000.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Intepat

DECEMBER 12, 2021

Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

Art 52

Art Copyright Artistic Work Moral Rights 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IPilogue

NOVEMBER 9, 2022

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. This ruling was based on the leading House of Lords authority on works of artistic craftmanship, George Hensher Ltd v Restawile Upholstery (Lancs) Ltd. [1]

Art 73

Art Artistic Work Copyright Law Designs 73