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The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.
Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.
The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc. in recent years.
This case involves Morford’s 2001artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. ” Independently (?),
However, the Court specified that this UsedSoft judgment exclusively protects computer programs, as the Computer Programs Directive is lex specialis to Directive 2001/29/EC. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.
Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.
and the IPKat on a cloud (artwork by Riana Harvey) Over the past few years, a tendency has indeed emerged to consider communication to the public as a one-size-fits-all type of right. A recent example in this sense is Article 17 of the DSM Directive itself.
Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork.
Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. 159, 165 (1995) (quoting Inwood Labs., 844, 850 (1982)). [21] 21] Nora Beverages, Inc. Perrier Group of America, Inc. , 3d 114, 118 (2d Cir. 22] Inwood Labs. ,
Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth.
The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court granted an ex-parte ad interim injunction order, finding a prima facie case in the plaintiff’s favor.
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