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.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

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

Art Copyright Art Law Copyright Infringement 84

Art Law Journal

MAY 21, 2021

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.” DMCA stands for the “Digital Millennium Copyright Act.”

Copyright 75

Copyright Art Law Copyright Infringement Art 75

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

Art Copyright Journalism Copyright Infringement 52

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

Copyright Copyright Law Law Public Domain 78

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

Copyright Art Public Domain Copyright Infringement 82

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

Fair Use Blogging Copyright Social Media 73

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

Designs Design Copyright Copying 52

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.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Art Law 52

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

Copyright Copyright Infringement Intellectual Property Law 57

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. 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

Fair Use Copyright Infringement Publishing Copyright 52

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

Designs Design Copyright Journalism 52

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

Copyright Public Domain Fair Use Copyright Infringement 58

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

Copyright Journalism Art Business 52

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

Copyright Copyright Infringement Registration Intellectual Property 52

Art Law Journal

MAY 21, 2021

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.” DMCA stands for the “Digital Millennium Copyright Act.” The post How to Submit a Copyright Takedown Notice appeared first on Art Business Journal.

Copyright 52

Copyright Journalism Art Business 52

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

Copyright Journalism Art Business 52

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

Art Law Journalism Art Law 52

Art Law Journal

DECEMBER 4, 2020

DMCA safe harbor shields internet service providers from any copyright infringement liability. The post DMCA Safe Harbor: Why Artists Can’t Sue Instagram appeared first on Art Business Journal. Here's what artists can do to protect their work.

Journalism 52

Journalism Copyright Infringement Art Business 52

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. The post No Fair Use for Warhol Prince Photo appeared first on Syed Law®

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

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

Fair Use Derivative Work Art Licensing 97

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use 52

Fair Use Art Art Law Law 52

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.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

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

Art Copyright Copying Art Law 52

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.

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

JUNE 27, 2023

.” This time Goldsmith received no credit or fee; only Warhol (via the Andy Warhol Foundation, which held copyrights) was mentioned and paid. Goldsmith counter-sued, claiming copyright infringement. Goldsmith counter-sued, claiming copyright infringement. Related Attorneys: John L.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Art Law Journal

MARCH 13, 2018

The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. For years, videographers have used music as a backdrop in their films, short videos, and documentaries. This has been a standard practice since the dawn of music recordings.

Music 52

Music Licensing Copyright Law 52

Art Law Journal

JULY 26, 2022

Contact information is also important to include should an internet user want to use your uploaded photos for any reason: to avoid copyright infringement and unwanted use of your images, be sure to include the best way to reach you. Posting content on social media for artists: consistency is key.

Social Media 67

Social Media Business Art Branding 67

Art Law Journal

APRIL 8, 2021

Steve Schlackman. Let’s start with some advice: Any graphic materials that promote something; whether products, businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release.

Business 55

Business Copyright Infringement Privacy Copyright 55

Art Law Journal

JANUARY 14, 2021

Steve Schlackman. Picking a name for a business or product is one of the first steps for any new venture. However, many companies don’t register their trademarks during the start-up phase, usually waiting until a later time when sufficient cash is available if registered at all. That decision is a bit of a gamble.

Trademark 55

Trademark Business Cease and Desist Copyright Infringement 55

Art Law Journal

JANUARY 14, 2021

Picking a name for a business or product is one of the first steps for any new venture. However, many companies don’t register their trademarks during the start-up phase, usually waiting until a later time when sufficient cash is available if registered at all. That decision is a bit of a gamble. In reality, businesses […].

Trademark 52

Trademark Journalism Art Business 52

Art Law Journal

APRIL 8, 2021

Let’s start with some advice: Any graphic materials that promote something; whether products, businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release.

Business 52

Business Journalism Art Copyright Infringement 52

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art 52

Art Ownership Fair Use Copyright Infringement 52

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52