IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.

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Kluwer Copyright Blog

APRIL 5, 2023

1] The artwork is held by the Italian state museum Gallerie dell’Accademia of Venice, which, along with the Italian Ministry of Culture, initiated the precautionary proceeding against the German company Ravensburger and its Italian subsidiary for producing and selling the puzzle and reproducing the work’s image.

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LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. After its creation, he attempted to register this work with the Copyright Office. Copyright Office, Compendium of U.S. Copyright Office Practices § 306 (3d ed. Sarony and citing 17 U.S.C. § 102(a) ; U.S.

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LexBlog IP

APRIL 6, 2022

As discussed in detail in our prior blog , at issue in this case is a series of silkscreen prints created by Andy Warhol based on Lynn Goldsmith’s Photograph, in which she holds a registered copyright. ” In late 2021, the AWF filed a Petition for Writ of Certiorari with the Supreme Court. Goldsmith opposed the Petition.

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Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Gordy , 877 F.3d

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Plagiarism Today

DECEMBER 8, 2022

Back in 2017, a group made plans to stage a play entitled Who’s Holiday , a one-woman show featuring a foul-mouthed grown up version of Cindy Lou Who. was accused of copying specific elements, including parts of some of the original artwork. Who’s Holiday and Other Places to Boldly Go. That, in turn, is also likely the case here.

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Cease and Desist Fair Use Artwork Intellectual Property 246

Olartemoure Blog

JANUARY 18, 2023

The legal battle started in 2017 between the estate of Andy Warhol and photographer Lynn Goldsmith , over the use of Goldsmith’s images of the late musician Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith.

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CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

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CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

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Patently-O

APRIL 18, 2024

The parties have now filed their briefs, along with one law professor amicus brief in support of Thaler. Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” ” In August 2023, the district court granted summary judgment in favor of the Copyright Office.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply. Second, Art.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam (2017) and Iancu v. Brunetti (2019) and strike down this trademark registration law as an unconstitutional regulation of speech protected by the First Amendment. 228) for a brief discussion of how the Lanham Act provisions are different than copyright law and the Amateur Sports Act, and cites to other commentary on this point.)

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LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

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