The IPKat

SEPTEMBER 3, 2022

As Bowrey explains “it was the new multi-national companies and cross-industry alliances that were empowered while the natural rights of the author were de-natured, diluted, and copyright’s ideologically celebrated characteristic property – primarily rewarding creative, as opposed to commercial, endeavour – was fundamentally disrupted.”

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Copyright Music Intellectual Property Marketing 73

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.

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Design Designs Journalism Intellectual Property 52

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Related Services Intellectual Property | Copyrights About the Authors: Paul Bain is a Partner in Dickinson Wright’s Toronto office, focusing his practice on intellectual property and art law.

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Public Domain Intellectual Property Copyright Trademark 52

LexBlog IP

JULY 24, 2023

Adler and Meaghan Gragg For the fourth year running, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized HHR as one of the nation’s leading law firms for Art and Cultural Property Law. “I think of them very highly and they have a great team.”

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Art Art Law Publishing Marketing 52

LexBlog IP

FEBRUARY 28, 2022

3] You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen | HHR Art Law. [4] for Visual Arts, Inc. 2d 191, 192 (S.D.N.Y. 4] Google LLC v. 1183 (2021). [5] 5] Andy Warhol Found. Goldsmith , 11 F.4th 4th 26, 50 (2d Cir. 21-869 (December 9, 2021). [7]

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Fair Use Derivative Work Art Licensing 97

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. Steve Schlackman. But can a computer generated work have copyright protection?

Art 84

Art Copyright Art Law Copyright Infringement 84

LexBlog IP

OCTOBER 21, 2022

.” This complex set of circumstances complicating UK art exports to the US is the subject of this excellent article in The Art Newspaper , in which Darwell is quoted. This is because special export arrangements with the UK seller can help the collectors waive the value added tax.

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Art Art Law Advertising Advertising 40

Art Law Journal

MARCH 25, 2021

But copyright laws come into play in various ways when tattooing new work – whether you’re the artist whose designs are being inked, the tattoo artists drawing your own work, or an artist […]. Nicole Martinez.

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Art Copyright Copyright Infringement Copyright Law 77

Art Law Journal

MAY 21, 2021

Steve Schlackman. 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.”

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Copyright Art Law Copyright Infringement Art 75

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents.

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Publishing Art Contracts Artwork 85

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. It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission.

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Copyright Infringement Artwork Copyright Registration 52

Art Law Journal

JULY 15, 2021

Steve Schlackman. If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright?

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Public Domain Copyright Artwork Intellectual Property 127

Art Law Journal

DECEMBER 4, 2020

Nicole Martinez. DMCA safe harbor shields internet service providers from any copyright infringement liability. Here's what artists can do to protect their work.

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Copyright Infringement Copyright Social Media Art Law 52

Art Law Journal

MAY 20, 2018

Chris Reed. On February 20, The U.S. Copyright Office will alter the way it accepts applications for copyright registration of photographs. Here's what you'll need to know moving forward.

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Registration Copyright Law Art Law 52

Art Law Journal

JANUARY 21, 2021

Steve Schlackman. It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them.

Design 52

Design Designs Copyright Copying 52

LexBlog IP

APRIL 18, 2022

.” Amici The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum shared the concern that the Second Circuit’s decision would have an “enormous chilling effect on the arts.” ” Amici Art Law Professors focused heavily on the First Amendment and the fair use doctrine.

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Fair Use Copyright Art Copyright Law 40

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

LexBlog IP

NOVEMBER 6, 2023

In addition to researching databases of lost, stolen, and looted art such as the Art Loss Register, and consulting art law professionals on provenance research, buyers should also consider purchasing title insurance to protect against potential financial loss from defects in the acquired title.

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Ownership Art Due Diligence Law 52

Art Law Journal

JULY 31, 2020

Nicole Martinez. Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits.

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Fair Use Blogging Copyright Social Media 73

LexBlog IP

JULY 14, 2023

1] ; The claim, which the Hughes Hubbard Art Law blog first reported on in December 2022, [2] arose from an art installation Cattelan created for Art Basel Miami Beach in December 2019 that consisted of a banana duct-taped onto a white wall. [3] June 9, 2023). [2] 7, 2022), [link]. [3] 4, 2019), [link] [ [link] ]. [5]

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Art Copyright Copying Art Law 52

Clancco

AUGUST 4, 2021

Eric Goldman gives us a generous overview of the Copyright Claims Board , otherwise known as the CCB.

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Copyright Art Law Art Intellectual Property 52

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.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

MARCH 11, 2021

Louis Smoller. If the owner of a copyrighted work cannot be found, can I use it? 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

Steve Schlackman. 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.

Copyright 57

Copyright Copyright Infringement Intellectual Property Law 57

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.

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Trademark Business Cease and Desist Copyright Infringement 55

Art Law Journal

JULY 23, 2020

Steve Schlackman. Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. A trademark may be the answer.

Trademark 53

Trademark Business Cease and Desist Intellectual Property 53

Art Law Journal

FEBRUARY 4, 2021

Steve Schlackman. As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. 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 […].

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Copying Copyright Licensing Intellectual Property 53

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. Steve Schlackman. 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.

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Music Licensing Copyright Law 52

Art Law Journal

APRIL 5, 2020

Chris Reed. At what point does a creative work become protectable? Find out so you can ensure that your work is copyright protected.

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Copyright Copyright Infringement Registration Intellectual Property 52

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 […]. Steve Schlackman. An increasing number of print-on-demand sites, such as Zazzle and Café Press, are popping up on the Internet.

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Copyright Infringement Graphic Design Copyright Business 52

Art Law Journal

MAY 6, 2021

Maybe, instead, you should be asking yourself if you still want to maintain the exclusive rights to your art? Steve Schlackman. Terms of Service lay out the rules for using a website and those rules aren’t always in your favor.

Art 52

Art Contracts Music Licensing 52

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.

Intellectual Property 52

Intellectual Property IP Invention Design 52