IIPRD

FEBRUARY 6, 2024

Copyright law protects you as a musician by preventing unauthorized use of your creative works. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Another important component of IP management in the entertainment sector is licensing.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Michael Geist

JUNE 3, 2022

The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music. Given its role and reputation, when it engages in public policy, government should pay attention.

Music 101

Music Social Media Artistic Work Government 101

The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

Copyright 94

Copyright Copyright Infringement Marketing Marketing 94

IP and Legal Filings

OCTOBER 23, 2021

Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. Through copyright enforcement, an exclusive right is granted to creators.

Copyright 73

Copyright Copyright Law Technology Artistic Work 73

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. Copyright involves the exclusive right to reproduce and distribute the original work.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

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.,

Copyright 124

Copyright Art Copyright Law Licensing 124

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. Copyright involves the exclusive right to reproduce and distribute the original work.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring. This part is not persuasive.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 73

Privacy Law Intellectual Property Music 73

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme. Effect on the Market Value. Global Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

SEPTEMBER 1, 2021

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. Did Mandabach have valid marks? The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. Anyway, Mandabach also didn’t show likely confusion.

Social Media 93

Social Media Television False Advertising Artistic Work 93

SpicyIP

JULY 5, 2021

He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. The share prices of Bajaj Healthcare rose as the company moved the Patent Office to seek a compulsory license for Covid drug Baricitinib. Golden Tobacco Ltd. June 29, 2021]. Other News.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. This may be simpler in the case of employee-created works that will be converted into digital or NFT assets, but less so when an independent contributor is involved.

Law 82

Law Branding Brands Branding 82

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. For more visit: [link].

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. In the context of the Copyright Act, computer software is categorized as a ‘literary work’. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

JUNE 9, 2023

The Supreme Court’s decision focused its analysis on use of a mark as a source identifier, as opposed to the Ninth Circuit’s focus on the mark as an expressive work. Grimaldi , the Second Circuit established a threshold test for artistic works that incorporate third party trademarks. [1] In Rogers v. 3d 86 (1997). [6]

Artistic Work 52

Artistic Work Ownership Trademark Licensing 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more.

Ownership 69

Ownership Copyright Trademark Contracts 69

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

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).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artistic work like music, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IIPRD

NOVEMBER 16, 2021

it manifested: “Members when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

SpicyIP

MARCH 11, 2024

The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides. The defendants had five licenses for the plaintiff’s Nuke software, which expired on September 20, 2020.

Trademark 59

Trademark Registration Copyright Patent 59

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Figure 1, Slip op.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

OCTOBER 19, 2022

Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. However, the SEC has not yet permitted the trading of any category of NFTs on the licensed digital asset exchanges SEC Notification concerning Rules, Conditions and Procedures for Operating Digital Asset Business.

Artwork 60

Artwork Copying Contracts Copyright 60

The IPKat

APRIL 18, 2022

Express or implied duty to exploit/duty of good faith Mr Hebden pleaded that, under the contract, there was "imposed on Domino a continuing obligation to use reasonable endeavours following release to exploit the Masters … by all then-industry-standard means, in the UK and in the Major Markets respectively." RELEASE COMMITMENT 4.1 and/or 4.2

Contracts 96

Contracts Music Copyright Copyright Infringement 96

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Designs 143

Art Law Journal

JUNE 16, 2022

Actual damages represent the money that would have been received if the artist had sold or licensed it to the infringer. Your fee for licensing work to a blog is $400, so the actual damage is the loss of that licensing fee. All that needs to be done is to register your artistic works.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

IP and Legal Filings

APRIL 24, 2023

The sellers must satisfy the customer’s aesthetic senses in addition to their reputation for dependability and honesty in the market for them to appease the buyer, sellers are now more than ever compelled to package and market their items in a way that appeals to consumers and that consumers can relate to.

Designs 69

Designs Design Registration Law 69

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. 2 lakhs on the Defendant.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws.

Artwork 56

Artwork Public Domain Art Copyright 56