article thumbnail

Artist Royalties: An exegesis of Resale rights in India

IIPRD

Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world.

Artwork 98
article thumbnail

Analyzing relationship between Contemporary art and Intellectual Property Rights

IIPRD

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

In a 7-2 majority opinion authored by Justice Sotomayor, the court found that both Warhol’s artwork and Goldsmith’s original photograph served the same purpose of depicting Prince in magazine stories about him. The commercial nature of the copying further weighed against fair use.

article thumbnail

Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103
article thumbnail

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Which Type of Intellectual Property Law Is Right for You. Your Copy-Rights.

article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. Keeping all these aspects in mind, the Court ruled in favor of SSPL. ? For more visit: [link].

article thumbnail

IP and NFTs: Where are We?

LexBlog IP

” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

IP 52