As part of Sinapse’s Blog-a-thon, we will be discussing a few interesting Copyright Cases involving famous personalities from various fields.
1. Cariou vs. Prince
Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet)
Richard Prince, the well known appropriation artist – one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer, when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars.
Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for creation of his work which was objected to by Cariou calling it a blatant Copyright Infringement. While deciding this landmark dispute, although Cariou initially won at the District Court level, the Second Circuit reversed the Court’s findings in favor of Fair Use for Prince, noting that Prince’s work transformed the work in a way that it was aesthetically different and thus acceptable under the argument of Fair Use.
In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section 9 and 11 of the Trade Marks Act, 1999.
In this category, are Descriptive Marks. One can ask a lot of questions about Descriptive Marks, some of which have easy answers.
What are Descriptive Marks? As per the provision, descriptive marks are those which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services. Such marks can include words like ‘best’ describing quality of a product, ‘mega’ describing the size etc.
Carrying forward the series, in continuation to the previous post, today’s post will discuss the most effective ways of searching the digital library.
Traditional Knowledge Resource Classification (TKRC), an innovative structured classification system for the purpose of systematic arrangement, dissemination and retrieval has been evolved for about 25,000 subgroups against few subgroups that were available in earlier versions of the International Patent Classification (IPC), related to medicinal plants, minerals, animal resources, effects and diseases, methods of preparations, mode of administration etc.
The database can be searched in two ways:
- Simple Search: Single and multiple search terms can be used with the operator ‘OR’. However, the use of operator ’AND’ is not supported. Terms to be searched may be entered or selected from corresponding help menus. The corresponding menu lists all the search terms available in this database and can be used to select the appropriate search term.
- Advanced Search: This option allows search using several search terms such as Keywords, Disease, IPC Code, Bibliography and Title, each individually specified. All these terms can be selected from appropriate search menus. Other features of Advanced Search include:
It is quite common for famous personalities to trademark their names to prevent misuse and commercial use. Trademark rights supplement a celebrity’s personality rights, and help in preventing others from using their names, nick names or screen names for products or services. While it is quite common in the West for personalities from film stars to football players to trademark their names, this has not picked up very well in India.
It seems, however, that many personalities like Shah Rukh Khan, Kajol, Yash Chopra, Daler Mehndi etc., have filed trademark applications on their names, and some of them prevent misuse aggressively. With the explosion of merchandising in India, there are several products appearing on the scene bearing not only a celebrity’s persona, but also their name, or the short form thereof, like SRK. If the trademark is registered, the celebrity will have the option of bringing a trademark action along with an action for the violation of celebrity rights and other causes of action.
3-D Printing, as defined by WIPO Magazine, basically means creating an object via its digital blueprint, created using Computer Aided Design (CAD), where 2 dimensional representations are fed through a printer that starts building an object layer from its base, finally eliminating all unnecessary material, to produce the desired form. This process of growing objects layer by layer means that with 3-D printing, it is possible to create more objects than can be done using traditional manufacturing techniques.
Quite recently, Pokemon Co. International, sent a Cease and Desist Notice to Shapeways Inc., demanding that they refrain from selling their 3-D printed planter as reported in Animenews and Bloomberg.com. According to Pokemon Co. International, this planter infringed the character, Bulbasaur, of the Pokemon fame. Planters were being listed in the name of “succulent monsters” and not as Pokemon.