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Oh Dear, Piglet, They Kept My Shirt!

IPilogue

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. The previously copyrighted works enter the public domain, free to use and copy. public domain. where the work was still protected by copyright.

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Copyright Protection of Modern Art

IP and Legal Filings

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Thus, the issue of uniqueness is raised.

Art 52
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WIPIP 2022, Session 6 (TM)

43(B)log

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.

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