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.
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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 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.
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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.
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 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 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.”
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.
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.
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.
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.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners.
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 […].
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.
Art Law Journal
JUNE 16, 2022
The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Before you can initiate any action against a party who has used your artwork without permission, they must have violated your copyright.
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.
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.
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.
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?
LexBlog IP
JUNE 27, 2023
In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of precedent – though this time in the intellectual property arena. Goldsmith [1] also has the potential to upend long-held practices in the art world. Goldsmith counter-sued, claiming copyright infringement.
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.
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.
Clancco
AUGUST 4, 2021
Eric Goldman gives us a generous overview of the Copyright Claims Board , otherwise known as the CCB.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.
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]
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.
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.
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.
Art Law Journal
FEBRUARY 4, 2021
As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. Steve Schlackman. Nobody can copy, distribute, or display the work without the author’s permission. When a painting is sold, the buyer owns the painting itself, but does not have the right to use that image for […].
Art Law Journal
JUNE 30, 2022
When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. 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. That’s understandable.
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.
Art Law Journal
JUNE 30, 2022
When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. That’s understandable.
LexBlog IP
FEBRUARY 29, 2024
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. Trademark law has something to say about use.
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