How Can Museums Copyright the Works of Old Masters?
Art Law Journal
JULY 15, 2021
If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman.
Art & Law Program application information
Clancco
SEPTEMBER 7, 2021
APPLICATIONS FOR THE NEXT TERM ARE NOW BEING ACCEPTED. The deadline for submitting your application for the next term is November 30, 2021. At this time, given recent Covid developments, we are hoping to do the next term in-person during a three-day weekend intensive.
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Trending Sources
The Etsy Copyright Infringement Problem
Art Law Journal
MAY 13, 2021
Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements? Steve Schlackman.
CCC Welcomes Panel of Curriculum and Copyright Experts to Explore Why High-Quality Content Matters in K-12
Velocity of Content
DECEMBER 5, 2023
This session will also look at the challenges of using synthetic text, teacher-created materials and freely available resources on the web, as well as copyright and licensing considerations for the use of copyrighted content in curriculum and instruction.
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Who holds the Copyright in AI Created Art
Art Law Journal
SEPTEMBER 29, 2020
A team of scientists, programmers and historians have created an algorithm that created a physical work of art that mimics the look of a genuine Rembrandt painting. But can a computer generated work have copyright protection?
Art 84
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Who Owns the Copyright in Your Tattoo Art?
Art Law Journal
MARCH 25, 2021
You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. Nicole Martinez.
Art 77
77 
Book review: Copyright, Creativity and Big Media
The IPKat
SEPTEMBER 3, 2022
This is a book review of ‘ Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author ’, by Professor Kathy Bowrey , UNSW, Sydney. It seeks to address questions of how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries.
Copyright 73
73 
How to Submit a Copyright Takedown Notice
Art Law Journal
MAY 21, 2021
DMCA stands for the “Digital Millennium Copyright Act.” website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.”
Copyright 75
75 
How to Tell if an Image is Copyright Free (Pubic Domain Art)
Art Law Journal
JULY 10, 2023
Unlock the secrets to identifying copyright free images with our expert guide. Learn how to navigate complex legal landscapes and unearth a wealth of artistic inspiration, ensuring your creative projects stay within the law.
Copyright 90
90 
Who Holds the Copyright in Generative AI Created Content?
Art Law Journal
FEBRUARY 3, 2023
Find out how copyright law applies to content created through generative AI. Are you using AI like Dall-e or ChatGPT to create content?
Copyright 78
78 
How can I Find Out if a Creative Work is Copyright Free?
Art Law Journal
NOVEMBER 12, 2020
Given the popularity of street art, video mash-ups, remixes, or pop art, it's important to know whether the works being used are copyright-free. Steve Schlackman.
Copyright 82
82 
Fair Use of Copyright Images in Your Blog
Art Law Journal
JULY 31, 2020
Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.
Fair Use 73
73 
How Much Money Can I Get from a Copyright Infringement?
Art Law Journal
JULY 15, 2020
Copyright Office is the most effective way to ensure you'll be fairly compensated in a copyright infringement lawsuit. Steve Schlackman. Registering your work with the U.S.
Can Statutory Damages Be the Secret Weapon for Artists in Copyright Lawsuits?
Art Law Journal
JULY 27, 2023
Discover the potential of statutory damages in copyright infringement cases and why understanding this aspect of intellectual property law is crucial for artists.
Copyright for Architectural Designs
Art Law Journal
JANUARY 21, 2021
It is a common misperception that you cannot copyright a building design. Steve Schlackman. That is probably because, before 1990, there wasn’t much protection for building designs. With the passage […].
Designs 52
52 
Is My Copyright Internationally Protected?
Art Law Journal
DECEMBER 17, 2020
In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States. Steve Schlackman.
Copyright 57
57 
Photographers: New Copyright Registration Laws Are Going into Effect
Art Law Journal
MAY 20, 2018
Copyright Office will alter the way it accepts applications for copyright registration of photographs. Chris Reed. On February 20, The U.S. Here's what you'll need to know moving forward.
Registration 52
52 
Copyright for Architectural Designs
Art Law Journal
JANUARY 21, 2021
It is a common misperception that you cannot copyright a building design. The post Copyright for Architectural Designs appeared first on Art Business Journal. That is probably because, before 1990, there wasn’t much protection for building designs. With the passage […].
Designs 52
52 
Is My Copyright Internationally Protected?
Art Law Journal
DECEMBER 17, 2020
In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States. The post Is My Copyright Internationally Protected? appeared first on Art Business Journal.
Copyright 52
52 
Using Orphan Works (Copyright Holder Can’t Be Located)
Art Law Journal
MARCH 11, 2021
If the owner of a copyrighted work cannot be found, can I use it? Louis Smoller. It may be possible if you analyze the orphan work properly.
Copyright 58
58 
The Etsy Copyright Infringement Problem
Art Law Journal
MAY 13, 2021
Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements? The post The Etsy Copyright Infringement Problem appeared first on Art Business Journal.
Can You Copyright an Idea?
Art Law Journal
APRIL 5, 2020
Find out so you can ensure that your work is copyright protected. Chris Reed. At what point does a creative work become protectable?
Copyright 52
52 
Who Owns the Copyright in Your Tattoo Art?
Art Law Journal
MARCH 25, 2021
You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. The post Who Owns the Copyright in Your Tattoo Art? appeared first on Art Business Journal.
Art 52
52 
How to Submit a Copyright Takedown Notice
Art Law Journal
MAY 21, 2021
DMCA stands for the “Digital Millennium Copyright Act.” The post How to Submit a Copyright Takedown Notice appeared first on Art Business Journal. website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.”
Copyright 52
52 
Using Orphan Works (Copyright Holder Can’t Be Located)
Art Law Journal
MARCH 11, 2021
If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.
Copyright 52
52 
How Can Museums Copyright the Works of Old Masters?
Art Law Journal
JULY 15, 2021
If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? The post How Can Museums Copyright the Works of Old Masters? appeared first on Art Business Journal.
Removing a Watermark Can Cost an Infringer Up to $25,000
Art Law Journal
AUGUST 19, 2018
However, those that do so face larger consequences under DMCA laws. Art Law Journal breaks it down. Chris Reed. Recently, Google warned of new methods to remove watermarks online.
Art Law 52
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Copyright infringement is a high-benefit, low-risk business model
Art Law Journal
APRIL 22, 2021
Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […]. The post Copyright infringement is a high-benefit, low-risk business model appeared first on Art Business Journal.
Copyright infringement is a high-benefit, low-risk business model
Art Law Journal
APRIL 22, 2021
Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […]. Users can create customizable products featuring their own photos or other graphic designs.
Hot off the press: A Summary of the Copyright Claims Board
Clancco
AUGUST 4, 2021
Eric Goldman gives us a generous overview of the Copyright Claims Board , otherwise known as the CCB.
Copyright 52
52 
Stop, thief! How to win big in a copyright infringement case
Art Law Journal
JUNE 16, 2022
Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. So let’s first review what copyright protects and when and how that protection goes into effect.
Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?
LexBlog IP
FEBRUARY 28, 2022
1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.
Fair Use 97
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Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana
LexBlog IP
JULY 14, 2023
sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]
Art 52
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Sunday Surprises
The IPKat
FEBRUARY 25, 2024
He holds an MA in Art Law and Art Management from the International Hellenic University and an LLM in Legal Theory and Interdisciplinary Legal Studies, focusing on copyright law, from the Aristotle University of Thessaloniki. He is pursuing an LLM in European Intellectual Property Law at Stockholm University.
Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act
LexBlog IP
APRIL 18, 2022
Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement. The Second Circuit reversed, and found that all four factors favored Goldsmith.
Fair Use 40
40 
No Fair Use for Warhol Prince Photo
LexBlog IP
MAY 24, 2023
SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.
Fair Use 52
52 
court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail
43(B)log
DECEMBER 6, 2023
The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Williams registered his copyright and sued, alleging infringement, violation of VARA, and §1202 violations.
Ownership 69
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Tell Yes artist: “No. No. Fifty million times no.”
Likelihood of Confusion
OCTOBER 21, 2023
If the federal copyright complaint that you file on behalf of your client includes an assertion that “[the d]efendants… knew or should have known that they were violating [the p]laintiff’s. The post Tell Yes artist: “No. Fifty million times no.” ” appeared first on LIKELIHOOD OF CONFUSION™.
Copyright 75
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Who Really Owns the Art: Freelancers or Employers?
Art Law Journal
SEPTEMBER 9, 2020
Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case. Steve Schlackman.
Art 75
75 
DMCA Safe Harbor: Why Artists Can’t Sue Instagram
Art Law Journal
DECEMBER 4, 2020
DMCA safe harbor shields internet service providers from any copyright infringement liability. Nicole Martinez. Here's what artists can do to protect their work.
Digital collections from GLAM institutions: Policy Paper
Kluwer Copyright Blog
JULY 14, 2023
Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.
Understanding Fair Use with a Dr. Seuss and Star Trek Mashup
Art Law Journal
MAY 19, 2018
Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. Chris Reed. Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series.
Fair Use 52
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Sunday Surprises
The IPKat
OCTOBER 31, 2021
Events NYU Law Forum - Memes on Memes and the New Creativity On 3 November 2021, NYU Law Forum - Memes on Memes and the New Creativity will be held online at 5:45PM (CET) for a discussion on the First Amendment, intellectual property, and art law to place a phenomenon of our digital era into a broader legal, historical, and cultural context.
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