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.

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Copyright Artistic Work Copyright Law Fair Use 126

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.

Artistic Work 57

Artistic Work Copyright Law Publishing Reporting 57

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 69

Copyright Artistic Work Designs Design 69

SpicyIP

SEPTEMBER 11, 2023

Presently these are merely aims agreed and written down which is nice to see as aspirational goals. Leveraging digital technologies for the promotion and protection of culture.

Artistic Work 104

Artistic Work Technology Government IP 104

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. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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

SpicyIP

JANUARY 23, 2022

However, when it comes to the “business” i.e., a commercial enterprise of issuing licenses, the law, as it presently stands, requires it to be routed only through a copyright society registered under Section 33(3) of the Act.”. Secondly , the Court distinguished first and second provisos to Section 33(1) as follows: “29….To

Technology 91

Technology Artistic Work Editing Licensing 91

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

SpicyIP

DECEMBER 15, 2023

AI generated works are not works as such, rather they are the outcomes of maximizing the likelihood of the prompted text or pixel in the command. They can be explained as the software outcomes rather than expressions of intellectual creativity to present something in the digital form.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Michael Geist

JUNE 3, 2022

Bill C-11 is legislation with the potential for significant negative impacts on the businesses of Canadian music companies and Canadian artists focused on building a global audience.

Music 101

Music Social Media Artistic Work Government 101

SpicyIP

DECEMBER 16, 2023

The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. In the case of photographs and artistic works, the term was 50 years from the date of publication.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

The IP Law Blog

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. Moreover, Section 51 of the Act of 1957 categorizes the reproduction of any literary, dramatic, musical or artistic work in the form of a cinematographic work as an infringing copy.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

IPilogue

MARCH 31, 2023

assisted works could be given protection and whether I could get an image I had made with an A.I. as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. Recently, while hearing the debates about AI and authorship, I was intrigued about whether A.I.

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Registration Copyright Ownership Artistic Work 105

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. Making a copy of a video or audio recording.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

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. The right to the tools for the systematic increase of knowledge involves access to resources (both human and material) from which knowledge may be extracted.

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Government Ownership Copyright Law Copyright 135

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Copyright is basically the legal protection given to any creator of an original literary or artistic work. Online Piracy.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

IP and Legal Filings

OCTOBER 11, 2022

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1. Cinematographic films; 3. Sound recordings.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 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. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 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. The argument presented by Cipla that there was a shortage locally was weak as they failed to give the proof and data which shows the shortage. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

LexBlog IP

AUGUST 31, 2021

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

Derivative Work 40

Derivative Work Artistic Work Licensing Ownership 40

IP and Legal Filings

MARCH 9, 2022

Law does not confer specific rights or even privileges to the registered work. The documents which are certified by the Registrar of Copyright can be presented in the court of law as evidence, in case of the original work cannot be presented for the time being. Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 74

Ownership Copyright Trademark Contracts 74

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. Code, section 107.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

Litigation 52

Litigation Artistic Work Branding Brands 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

The IPKat

JANUARY 17, 2024

Călinescu , it will be required to tackle the question of what makes a derivative work protectable and what ‘freedom’ and ‘creativity, both cumulative requirements under the EU originality test, mean in this context. A second (revised) edition followed in 2008. The professor also prepared a Romanian translation of the Latin text.

Derivative Work 137

Derivative Work Editing Copyright Music 137

IPilogue

NOVEMBER 17, 2021

It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium. the Federal Court ruled that legal protection of works is not restricted based on the medium in which it is presented. Of note, in DRG Inc. v Datafile Ltd. ,

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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.

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Registration Copyright Intellectual Property Public Domain 120

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof. Oscar Wilde No.

Artwork 95

Artwork Blogging Art Copyright 95

Selvam & Selvam Blog

AUGUST 22, 2021

In the instant case, the Bombay High Court called out the practice of seeking separate reliefs of an injunction for passing off and infringement when pleadings were presented in respect of matters of trademark infringement.

Trademark 52

Trademark Artistic Work Trademark Law Law 52

The IPKat

JANUARY 28, 2023

Those Allied and Associated Powers, which were parties to the Paris Convention on Industrial Property or the Berne Convention on Literary and Artistic Works, also suspended their obligations vis-à-vis Germany under these conventions. This was done in May 1919, just a day before presenting Germany with a draft of the peace treaty.

Art 130

Art IP Intellectual Property Artistic Work 130

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

LexBlog IP

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

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.] citing Hustler v. Falwell and Mattel v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59