Hugh Stephens Blog

MARCH 27, 2023

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public. (It

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Art 246

Plagiarism Today

MARCH 20, 2025

The post Marvel Snap Accused of Plagiarizing Fan Art appeared first on Plagiarism Today. Fans are claiming that artwork from the game Marvel Snap plagiarized fan creations. How serious are the allegations and do they matter?

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Creative Law Center

AUGUST 29, 2024

Plus a look at the historical roots of tattoo art. The post Copyright and Tattoo Art appeared first on Creative Law Center. Copyright and tattoo. Understand the legal implications of ownership and how they can be changed with contracts.

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Hugh Stephens Blog

OCTOBER 25, 2022

Not being on the cutting edge of hi-tech myself this term had not crept into my consciousness until a couple of weeks ago, while I was up at my cottage north of Toronto enjoying the … Continue reading " AI and Computer-Generated Art: Its Impact on Artists and Copyright "

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Hugh Stephens Blog

DECEMBER 12, 2022

The hi-tech whiz kids actually began to believe in their own infallibility and in … Continue reading "AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight"

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Art 246

JD Supra Law

MARCH 19, 2025

The Federal Circuit reversed, finding that the PTAB erred by (1) requiring identity between the motivations for the prior art and the 718 patent, (2) failing to support its findings with substantial evidence, (3) conflating. The PTAB found none of the challenged claims unpatentable. Honeywell appealed. By: Jones Day

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IP Watchdog

MARCH 13, 2025

The Federal Circuit says that you must disclose and describe the prior art, or your Jepson claim is invalid. It is also truly a mystery why the Patent Office would ever defend this PTAB decision and advocate in favor of requiring the prior art to be disclosed, discussed and supported.

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Intellectual Property Law Blog

DECEMBER 21, 2023

It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed. Regarding the jury instructions on comparison prior art, Columbia argued that the district court erred by failing to instruct the jury as to the scope of the comparison prior art.

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JD Supra Law

JANUARY 31, 2025

14, 2025), addressing whether a published patent application can serve as prior art in inter partes review (IPR) proceedings as of its filing date. On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. Samsung Electronics Co., 23-2346 (Fed.

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Plagiarism Today

MAY 2, 2024

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Plagiarism Art Artwork Copyright 290

Patently-O

FEBRUARY 16, 2025

The case is now on petition for writ of certiorari to the US Supreme Court and raises significant questions about the burden of proving enablement of prior art references in patent cases. The dispute in the IPR centered primarily on whether the three prior art references were sufficiently enabling.

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IP Watchdog

OCTOBER 30, 2024

The Court of Justice of the European Union (CJEU) has ruled that EU Member States are required to protect works of applied art in the European Union, irrespective of the country of origin of those works or the nationality of their author. The judgment in Case C-227/23 of 24 October 2024 (Kwantum versus Vitra) is a landmark copyright decision.

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Plagiarism Today

MARCH 26, 2024

Wizards of the Coast is at the heart of another art plagiarism scandal, this one involving a new Magic: The Gathering card. The post Yet Another Magic: The Gathering Plagiarism Scandal appeared first on Plagiarism Today.

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Plagiarism Today

FEBRUARY 5, 2025

EA and DICE recently shared concept art from their upcoming Battlefield game. However, one of the explosions was a bit-too-real. The post Fake Battles, Real Explosions appeared first on Plagiarism Today.

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Plagiarism Art Copyright 268

SpicyIP

OCTOBER 29, 2024

They argued that since the method was found in prior arts, the impugned invention was not novel. On lack of inventive step, they alleged that the use of phenyl acetyl carbinol as the starting compound for synthesis of amino alcohol was present in prior arts and it was obvious to any person skilled in the art to arrive at the final compound.

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Plagiarism Today

NOVEMBER 18, 2024

Final defendant convicted in Jetflicks case, Katy Perry fights copyright infringement appeal and Anheuser-Busch sued over fishing art. The post 3 Count: Lawsuit Fishing appeared first on Plagiarism Today.

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Plagiarism Today

NOVEMBER 20, 2023

YouTube ContentID scammers ordered to pay restitution, art group sues insurance company in India and MPA releases new PSAs. The post 3 Count: Scammer Repayment appeared first on Plagiarism Today.

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Plagiarism Art Copyright 289

Plagiarism Today

JANUARY 29, 2024

Richard Prince has agreed to pay two photographers whose work he used in his art. Here's what it means for fair use moving forward. The post Richard Prince and the Future of Fair Use appeared first on Plagiarism Today.

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Plagiarism Today

MAY 1, 2023

A Chinese art professor has been fired over allegations of plagiarism. However, he may have much more to worry about than unemployment. The post Plagiarism and China’s Social Credit System appeared first on Plagiarism Today.

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Plagiarism Today

SEPTEMBER 7, 2023

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

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JD Supra Law

JANUARY 31, 2025

In its decision, the CAFC considered the question of when a published patent application is deemed prior art in an inter partes review (IPR). Lynk Labs, Inc. Samsung Elecs. January 14, 2025). By: A&O Shearman

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Plagiarism Today

FEBRUARY 10, 2022

Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

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SpicyIP

NOVEMBER 9, 2024

This happens when the invention is assessed for non-obviousness with respect to the standard of ‘person skilled in the art.’ The Argument Across jurisdictions, ‘inventive step’ is assessed on the basis of the inventive concept’s non-obviousness, i.e., whether or not the core inventive concept is obvious to a person skilled in the art.

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Patently-O

MARCH 11, 2025

This case highlights a significant divergence between the evidentiary standards for proving prior art status in district court litigation versus AIA trials. It also sets up another increasingly common scenario where neither the patentee nor the patent challenger are US entities.

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Hugh Stephens Blog

MARCH 8, 2023

That legislation, sponsored by Senator Patricia Bovey, a distinguished art historian by profession, (former director of the Winnipeg Art Gallery and the Art Gallery of Greater Victoria, Adjunct … Continue reading "“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?"

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Plagiarism Today

JUNE 14, 2023

Judge tosses banana art case, Tokyo court rules against blogger in subtitle battle and Comcast forced to identify suspected pirate. The post 3 Count: Banana Problems appeared first on Plagiarism Today.

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The IPKat

OCTOBER 31, 2024

The prior art cited against the invention were documents describing use of bitter ash to treat malaria. The Board of Appeal pointed out that the test for novelty is whether the prior art contains a clear and unambiguous disclosure of the claimed invention. The active compound Simalikalactone E was not specifically disclosed.

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Plagiarism Today

JANUARY 5, 2022

Anyone could also publish their own version of the book, either with the original art or new art that they created. The characters, in particular the line art drawings, look very little like the versions we know today and, though the book is still popular, it is far less recognizable than the Disney works.

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Public Domain Art Publishing Copyright 353

IP Law 360

JANUARY 29, 2025

Simply directing artificial intelligence platforms to make art, music, videos and other creative works is not enough for users of AI systems to be considered authors entitled to copyright protection, the U.S.

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The IPKat

MARCH 21, 2025

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous.

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Copyright Lately

OCTOBER 6, 2024

In the meantime, here’s a copy of the Stereophonic complaint, just to ensure you don’t stop thinking about this lawsuit: View Fullscreen The post Fleetwood Facts: Art Imitates Life, But Does It Infringe Copyright? appeared first on Copyright Lately.

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Plagiarism Today

MARCH 29, 2023

Judge sides with photog in case against Deadly Doll, Mediaset signs anti-piracy partnership with Meta and Art Basel targets NFT knockoffs. The post 3 Count: Dead Doll appeared first on Plagiarism Today.

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Plagiarism Today

AUGUST 21, 2023

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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JD Supra Law

JANUARY 22, 2025

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate AI art has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This rapid evolution in art generation challenges global intellectual property law.

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TorrentFreak

OCTOBER 29, 2024

Art 709 provides that “a person who intentionally or negligently infringes another’s rights or benefits to be protected by law shall be liable for the losses caused” (Art 709). the “unlawfulness or illegality” of the defendant’s behavior), (iii) a causal link, and (iv) losses.

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Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. Back in February, artist Stephen Thaler was denied a similar copyright registration over a piece of AI art entitled A Recent Entrance to Paradise. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Hugh Stephens Blog

APRIL 3, 2023

Supporters of Canada’s creative industries—writing and publishing, music, film making, the visual and performing arts—would be hard pressed to find much to celebrate in the most recent federal budget unveiled on March 27.

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