Intepat

APRIL 30, 2025

Introduction The intersection between copyright and design law has long been a contentious and evolving area within Indian intellectual property jurisprudence. The aim is to assess whether the primary intent of the work lies in its artistic appeal or its practical utility.

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SpicyIP

APRIL 30, 2025

Advika is a third-year law student at Symbiosis Law School, Noida. Ltd (2023) , the Bombay High Court supported the idea that this section prevents misuse of copyright law to claim monopoly over functional industrial components. The respondents claim that the drawing is capable enough of being protected as an artistic work.

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IPilogue

NOVEMBER 24, 2022

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. A look at streaming giant Spotify’s recent significant copyright battles provides some insight into the issue of compensation for artists’ work on online streaming platforms. New Copyright Law: A Solution for Spotify.

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IP Law 360

AUGUST 22, 2023

Federal copyright officials said a tattoo artist's contributions to a pair of designs made them able to be protected by copyright law, the latest dustup in an intellectual property dispute between the artist and the maker of the NBA 2K video game series.

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI. Copyright Act, original works of authorship, including sound recordings, are protected. How will this impact human artists? Under the U.S. Is AI training fair use?

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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 ? Work” and a “Performance” under Copyright law are two separate concepts.

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IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Case Laws The first case in this regard is UTV Software Communication Limited v.

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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 legal position in India is that fonts do not enjoy copyright protection under its copyright law, i.e. under the Copyright Act, 1957 (page 5).

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The IPKat

MARCH 11, 2025

Since copyright is not freely transferrable under German law, he granted exclusive rights of use to the company Birkenstock. 4,(2) German Copyright Act , artistic works, including works of architecture and applied art, are protected by copyright, provided they are the authors own intellectual creation. According to Sec.

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IPilogue

FEBRUARY 2, 2023

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

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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. By: AEON Law collectively, “Hermes”).

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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? Does it belong to the individual translator, the translation company, or to the author of the original work?

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IP and Legal Filings

AUGUST 19, 2022

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations. It is a notion held generally ‘AI can create.’ COPYRIGHT PROTECTION AND ARTIFICIAL INTELLIGENCE.

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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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IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Facebook Twitter LinkedIn WhatsApp The post Parody under the Copyright Law first appeared on IPLF. References Civic Chandran v/s C.

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Intepat

JUNE 15, 2025

Under Indian copyright law, specifically Section 17(b) of the Copyright Act, 1957, the producer of a cinematographic film is typically recognized as the primary owner of all works created for that film—unless otherwise stipulated in a contract.

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The IPKat

MARCH 25, 2025

Copyright and AI Eleonora Rosati reviewed the US Court of Appeal decision in A Recent Entrance to Paradise which is an artistic work that is claimed to have been entirely generated by Dr Stephen Thalers Creativity Machine. The Court awarded RMB 3.3 Be sure to check out our post and Events page for more details.

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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

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IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. Author: Aratrika Manhas, A Student at New Law College, Bharti Vidyapeeth Deemed to be University, Pune, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.

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IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Intellectual Property Rights are the bundle of rights given to the owner or creator of IP by the virtue of law that governs that specific IP. of their work for a fixed period. How to Choose the Right IPR for Your Work?

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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. NFTs as a profit center makes it so that the motivation is to churn out and sell as many as you can, in many cases, the law be dammed.

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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. Under the Copyright Act, no author can claim rights in the original creative work of some other author.

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IP Law 360

JUNE 10, 2024

VIP products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington. In the year since the U.S. Supreme Court's Jack Daniel's v.

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IP and Legal Filings

JUNE 12, 2025

This creativity is rewarded via protection under IP laws, mainly under design rights, copyrights, and trademark protection. Yet, due to the limited scope of IP laws, many brands are often vulnerable to “ stealing ” by others, i.e., fast fashion. DOES THIS “INSPIRATION” BREAK THE LAW, or IS IT RESPECTED UNDER THE LAW?

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Kluwer Copyright Blog

JUNE 30, 2021

As has been pointed out , such a change in the Second Circuit’s case law may have been prompted by the recent US Supreme Court decision in Google v Oracle , a ruling published after Warhol v Goldsmith and focusing on computer code and copyright , where the transformative use analysis was based on the user’s subjective intent.

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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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Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

PROTECTION AS COPYRIGHT OR DESIGNS To decide whether jewellery can be protected through copyright or design laws, it is necessary to understand the difference between the two. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

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JD Supra Law

AUGUST 30, 2024

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. . By: McDonnell Boehnen Hulbert & Berghoff LLP

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The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? Thaler then requested a reconsideration of the decision, arguing that the human authorship requirement would be contrary to the US Constitution and be unsupported by either statute or case law. Such a request was once again unsuccessful.

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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. It is not surprising that human artists are granted such protections.

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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. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

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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. Tennessee Gov.

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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.

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Intepat

JUNE 15, 2025

Under Indian copyright law, specifically Section 17(b) of the Copyright Act, 1957, the producer of a cinematographic film is typically recognized as the primary owner of all works created for that film—unless otherwise stipulated in a contract.

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IP Law 360

MAY 1, 2025

A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.

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Garrigues Blog

MARCH 27, 2025

Lets put the cards on the table: from the Copyright Law and case law that interprets it can be inferred, that, generally speaking, the mechanics of a game do not meet the requirements to be protected as an intellectual property work. Drawings, designs, figures or characters can be classified as artistic works.

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Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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