Concept in India copyright and design law

The global fashion industry produces a huge variety of creative goods to market. The fashion industry profits by developing creative content as in the music, film, video game, and book industries. However, unlike those industries, the fashion industry’s principal creative production lies outside the domain of intellectual property law. Fashion has not been historically protected by copyright law due to differences in the legal treatment of the fine arts, like literature, music, and art, which are accorded copyright protection, and crafts, which are generally not accorded such protection. Although fashion is meant to be functional (i.e., it must fit the human body and keep it warm and dry), it is also artistic and creative. Most would agree that fashion is rarely a fine art because it also fulfills a utilitarian function, but this should not necessarily preclude designers from being able to protect their investment in truly innovative designs, as artists and musicians are able to do. The law has traditionally treated each field of IP as an instance of discrete and mutually exclusive protection. Patents protect innovation in terms of functional design, while copyrights protect artistic expression. Finally, trademarks protect goodwill and reputation. These firm divisions between patentable and copyrightable subject matter have left the creative designers of utilitarian objects such as clothing without protection. The growth of the fashion industry has spawned an increased public awareness about fashionable designer products. In light of the popularity of certain designers or specific designs, design piracy has increased exponentially. Design piracy is the copying of a designer’s original designs, thereby enjoying the benefit of his/her artistic work at no expense. Copyists can thus free ride on the efforts of designers, thereby discouraging future investments in creative fashion design. Design piracy is not new; however, while it once took several years for a fashion to descend the price line into low-priced production, this progression is now nearly immediate. Technological advances have made it possible for design pirates to obtain another creator’s designs and manufacture duplicates overnight. Because of the pervasiveness of design piracy, the practice of copying is now considered commonplace in the fashion industry. Accordingly, the original designers of iconic fashion pieces stand to lose substantial amounts of revenue after expending the capital necessary to create them. This study compares Korea and the United States to understand the implications of Korea’s fashion design protections. This paper describes the research on fashion design protection practices in both countries, analyzes the present situation state of fashion design protection in these countries, and compares their legal principles related to fashion design protection. To this end, a literature review is presented that draws on relevant studies and national statistical data on both countries. First, the research on Korea and U.S. fashion design piracy can be summarized as follows. For fashion design in Korea, previous studies focus on the current status of counterfeit fashion goods, intellectual property protection in the fashion market and the protection of applied arts including fashion design. However, these studies have some limitations; many lack specific, concrete discussion on the current status of intellectual property and protection methods, instead providing general, comprehensive discussions. In contrast, studies in the U.S. context focus on the present situation of counterfeit goods in the fashion market, the nature of the fashion market, the essential features of design piracy and the legal protection of fashion design under the Design Piracy Prohibition Act. The breadth of studies on U.S. design piracy studies is much wider compared to those on Korea. In particular, as bills regarding the protection of design under copyright law such as DPPA or IDPPA are submitted to Congress, studies on the protection of design under legal laws are actively conducted. Fashion design protection in Korea versus the United States and the relevant legal principles can be summarized as follows. There are similarities and differences in the protection of fashion design across both countries. First, both countries are similar in terms of fashion design protection under patent law. Both countries provide some protection for fashion design under copyright law. Fashion design still lacks the criteria that have been established for literary works, but criteria are being developed to facilitate the protection of fashion design under copyright law. The most significant difference between the two countries regarding the protection of fashion design lies in the political efforts undertaken to protect fashion design. Unlike Korea, the United States has continued to enforce a separate law for the practical protection of fashion design to address two problems: first, the screening process generally takes a long time, which hinders the protection of fashion, and second, it is difficult to protect the middle area of design rights.

The Colour of Copyright

The Dilemma of Copyright Law and Artificial Intelligence in India

This comparative research paper examines the protection of performers' rights in copyright law, focusing on the right to be identified as the performer and the right to object to derogatory treatment of performances. Through an analysis of legal provisions, treaties, and case law, this study provides a comprehensive understanding of the scope, limitations, and enforcement of these rights in various jurisdictions. The research explores historical development, international standards, and challenges in implementing and enforcing rights. The findings contribute valuable insights for policymakers, practitioners, and performers seeking to enhance the protection of performers' rights within copyright law. The study aims to foster a balanced framework that preserves performers' creative contributions and maintains a harmonized copyright ecosystem. Key Words: Right, Performer, Artistic, Copyright, Protection

TABLE OF CONTENTS

Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. Businesses and individuals must understand IPR laws and regulations, as they affect the ownership, licensing, and transfer of intellectual property assets. Violation of two-dimensional works of art and NFTs is a form of crime in digital economic activities, in this case, the government must intervene to overcome this crime. The issue at hand is a direct result of insufficient legal regulations governing the digital realm. Cybercrime, which encompasses a multitude of illicit or perilous activities that take place in the virtual world or through the utilization of computer and internet technology, encompasses copyright infringement. This form of wrongdoing entails the contravention of intellectual property rights, such as the unlawful distribution of music or films, software piracy, or the unauthorized use of trademarks. Legal protection pertains to regulations that are concerned with digital works of art.

Objective: The objective of this study is to investigate the impact of AI breakthroughs on copyright and challenges faced by intellectual property legal protection systems. Specifically, the study aims to analyze the implications of AI-generated works in the context of copyright law in Indonesia. Method: The research employs a normative legal approach, utilizing secondary data sources including books, legal journals, research findings, and statutory regulatory documents. The study focuses on relevant legal frameworks, such as Law No. 28 of 2014 governing copyright in Indonesia. The analysis is based on existing literature and legal documents to understand the current state of AI-generated works and their eligibility for copyright protection. Result: The research findings reveal that according to Law Number 28 of 2014 in Indonesia, AI-generated works do not meet the originality standards required for copyright protection. However, users of AI-generated works are still bound by the terms and conditions set by the AI platform, which can limit their rights to the work. The impact of AI developments on copyright law includes challenges related to determining creators and copyright holders, redefining the concept of originality, increased instances of copyright infringement, issues concerning moral and personality rights, and collaborations involving both humans and AI. Additionally, challenges related to database protection and patent protection in the context of AI are also highlighted. Conclusion: In conclusion, the advancement of AI technology introduces complexities in intellectual property law. The existing legal frameworks, such as copyright laws, need further adaptation and clarification to effectively regulate AI-generated works in the digital era. Addressing issues related to originality, creatorship, and collaborative works involving AI requires careful consideration and legal adjustments. Additionally, challenges related to database and patent protection in the realm of AI need to be addressed to ensure comprehensive intellectual property protection in the face of evolving technologies. Legal adaptation and clarification are crucial to navigating the intricate intersection of AI and intellectual property law.

Regulatory Failure of Copyright Law Through the Lenses of Autopoietic Systems Theory

Possessing Star Qualities: Celebrity Identity as Property

Copyright is a protection provided to people in the country of Indonesia as a form of appreciation for works that are made or produced in the form of visual, audiovisual, and other things and examples of these intellectual property rights such as songs, films, works of art in the form of paintings and many other things. The function of copyright itself is to protect these works from individuals who want to plagiarize or imitate these copyrighted works so that other people are encouraged to generate ideas and works for the Indonesian nation. And this is protected by Indonesian Copyright Law and as we know Copyright has various types and one of them is the cinematography which is regulated in Article 40 Letter m Copyright Law, an example of cinematography. these are like commercials, cartoons, and documentaries. The exclusive rights owned by the creator in Article 9 Copyright Law and the regulation of sanctions related to the perpetrator who records and distributes the recording or copyright infringement that he has committed are regulated in Electronic Information and Transaction Law and this research compare the Copyright of Indonesian law with the Bern Convention where in this convention there is the Droit Moral or the right of the creator to claim his creation and raise objections against acts that intend to change and reduce. The development of technology and the internet makes it easier for many things to become practical but there are increasing problems that arise in the field of Copyright in the field of cinematography such as imitation. Piracy or imitation is an act committed by irresponsible persons who want to profit from the work of another person without their permission or knowledge

This paper explores the potential for co-design to link sustainable consumption and production in the fashion industry. We review relevant research and perspectives and propose a co-design platform and an ideation toolkit in which users are encouraged to explore sustainability as a way of thinking at the early stages of the fashion design development process. We explain the rationale behind the ideation toolkit, its structure and demonstrate how to apply the toolkit to fashion design through a case study. Finally, we discuss both opportunities and challenges of co-designing the fashion system and its implementation in sustainable fashion and textile design education.

<i>Google v. Oracle</i> Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection

Creatively harnessing the zeitgeist, or spirit of the times, and translating its influence into unique, timely, and marketable merchandise has been the key to survival of fashion-focused companies since the dawn of the twentieth century. We combined a cognitive perspective on creativity with cultural materialism to develop probing questions for a grounded theory study of the question: How does the creative process for design and development function in the global fashion industry of the twenty-first century? A typology for creativity in fashion design and development emerged from data gathered in a series of in-depth interviews in an international context. We defined Leadership Creativity and Adaptive Creativity at extreme ends of a continuum. Leadership Creativity overrules current archetypes and shifts the sector in a new direction while Adaptive Creativity integrates existing paradigms into a direction the sector is already trending. This typology outlines eight descriptive attributes relating to the environment in which fashion design and development functions, and designates distinct components of those attributes that categorize the creative type. The majority of work in fashion design and development today reflects Adaptive Creativity. Specifically naming and describing these attributes and the interplay between Leadership Creativity and Adaptive Creativity, the typology lends structure to otherwise ambiguous parameters related to creativity in fashion design and development.

The Cofemel judgment of the Court of Justice of the European Union (CJEU) was issued against a backdrop of uncertainty regarding the protectability of fashion designs by copyright as works of applied art. The initial reflex to this decision, thought to have a radical effect on the copyright–design protection overlap, was a concern that copyright might overtake design rights. This article investigates whether such an outcome has indeed materialized in the post-Cofemel reality of the fashion industry, employing an empirical analysis. Through an evaluation of EUIPO design registration data and interviews with legal practitioners working with fashion brands, the IP landscape in this domain is explored, drawing conclusions concerning the preferred means of protection for fashion designs, before and after Cofemel. Did the CJEU affect the fashion industry’s legal practice or is this Sisyphean task of iterative referrals regarding the fate of works of applied art in vain? And more specifically, was Cofemel’s effect revolutionary, after all, or was the discourse surrounding its significant impact merely an echo chamber within IP scholarship? Overall, the article reflects on the future of fashion design protection from a copyright perspective, also focusing on pending CJEU referrals on works of applied art, while also considering the treatment of derivative works under copyright law and their relevance to the fashion industry.

The purpose of this study is to create knit ruffles that represent the aesthetic and artistic values of painted works of art that rhythmically express flower petals and add an artistic impression on the knit ruffle designs. This study is based on the artistic life of Georgia O`Keeffe and changes in her artistic background, and the world of paintings. The relevant data was gathered from domestic and foreign references, academic journals, and the internet. The characteristics of Georgia O`Keeffe paintings were examined. Her paintings typically include a series of various motifs, symmetry, balance, and harmony of detailed realistic expressions and abstract elements, repetition, and the principles of contrast and emphasis in shaping. The decoration techniques used on fabrics were applied using the knitting machine which controls the tension to develop a variety of textures, apart from the previous standardized knit textures, through various knitting techniques. A gradation effect was then applied by piece-dyeing the knitted materials in various colors to express asimilarity to the original colors in O`Keeffe`s works with delicate color expressions. After the piece-dyeing, the decorative knitted materials were trimmed on a model to re-create the natural curves of flower petals. This study aims to converge works of art with fashion designs to develop various creative knitted fashion and to impart an artistic sense in the fashion design industry.