IPilogue

MARCH 14, 2023

Rothschild argued that “ art is art ” and that the NFTs were a “ playful abstraction of an existing fashion-culture landmark ” under First Amendment protection. Essentially, he argued that “MetaBirkins” were akin to selling physical art prints. Thus, Judge Rakoff held that the artistic relevance was present.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. Image from the order.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IP and Legal Filings

AUGUST 19, 2022

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations. It is a notion held generally ‘AI can create.’ COPYRIGHT PROTECTION AND ARTIFICIAL INTELLIGENCE.

Artistic Work 52

Artistic Work Copyright Artwork Ownership 52

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.”

Art 52

Art Copyright Artistic Work Moral Rights 52

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. Any creative works are under the purview of copyright law, according to WIPO. These creations are regarded as artistic. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art.

Art 52

Art Copyright Artistic Work Public Domain 52

The IPKat

SEPTEMBER 7, 2024

Like all rules, there are exceptions though: one of them concerns works of applied arts. Turning to EU law, works of applied art are protectable under both design and copyright laws in accordance with the principle of rights cumulation. artistic value, aesthetic effect). artistic value, aesthetic effect).

Art 82

Art Copyright Designs Design 82

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

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Copyright Artistic Work Copyright Law Art 105

The IPKat

JANUARY 28, 2023

Those Allied and Associated Powers, which were parties to the Paris Convention on Industrial Property or the Berne Convention on Literary and Artistic Works, also suspended their obligations vis-à-vis Germany under these conventions. Second, arts. First, under art. Second, with respect to wine and spirits, art.

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Art IP Intellectual Property Artistic Work 130

Plagiarism Today

AUGUST 2, 2022

For almost as long as the blockchain has existed, supporters and advocates of it have claimed it would revolutionize the way we consume art, handle copyright disputes and earn revenue from artistic works. To put it mildly, those promises have not come to fruition.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IPilogue

MARCH 11, 2022

Tetiana Pata, Nadia Bilokin, Paraska Pavlenko, Iryna Pylypenko, and Pelaheia Hlushchenko are known as the “founding mothers” of the transformative period of Petrykivka art where local artists integrated the style to their traditional mediums following its re-discovery. Petrykivka can transform everyday objects into art.

Art 105

Art Artistic Work Design Designs 105

Intellectual Property Office Blog

OCTOBER 15, 2021

Whether you mark the work or not doesn’t affect the level of protection you have. Photographs will generally be protected by copyright as artistic works. This is because copyright in artistic works including digitised works must be original and reflect the author’s ‘own intellectual creation’.

Artistic Work 112

Artistic Work Intellectual Property Social Media Copying 112

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. HOW LONG DOES COPYRIGHT LAST FOR? . It does not continue in perpetuity.

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Copyright Artistic Work Registration Music 98

IP and Legal Filings

MAY 24, 2024

The advent of state-of-the-art technology has especially brought this tussle to the fore, exacerbating the conflict between the two competing rights. Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. 8, 2023) [link] [1] 22-cv-384 (JSR). [2]

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Non-Fungible Tokens Art Trademark Branding 102

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case). Coming back to the Hermès v.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. In all this, Cattelan is likely right in saying that Comedian is one of the best-known works of his.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. The art world is rife with the competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed.

Art 52

Art Artwork Social Media Marketing 52

IP and Legal Filings

AUGUST 6, 2024

Abstract This blog provides complete information to go about the registration for copyright in a systematic manner with due incorporation of all steps required to help creators of the works of art. Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration.

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Registration Copyright Intellectual Property Artistic Work 111

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works. Available here.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

The IPKat

AUGUST 29, 2022

Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation. m Köse and Havva Y?ld?z

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Visual art is made by harnessing and curating forces outside our control. What is to Come for AI Art?

Artwork 98

Artwork Blogging Art Copyright 98

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. 1] SaikōSaibansho [Sup.

Art 52

Art IP Intellectual Property Copyright 52

Intellectual Property Law Blog

OCTOBER 3, 2023

Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” Where AI alone creates a work, this point seems clear. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.”

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

Designs 94

Designs Design Artistic Work Technology 94

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. It also protects images, photos, videos, and other written work, such as blog posts. If you don’t own the text, image, video, art, etc.,

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IP and Legal Filings

SEPTEMBER 20, 2023

The Geographical Indication Act of Goods Act 1999 – Certain textile and forms of art originate from specific regions, the GI Act aims to protect the location specific art form from unauthorized use and branding. In India, the Registrar of Copyrights divides the works to be registered into the following six categories: Part A.

Designs 105

Designs Design Copyright Copyright Infringement 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Firstly, the amendment 399 to Art.

Copyright 121

Copyright Art Copyright Law Licensing 121

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Călinescu , C-649/23. A second (revised) edition followed in 2008.

Derivative Work 137

Derivative Work Editing Copyright Music 137

SpicyIP

SEPTEMBER 9, 2023

The work was generated by the Midjourney image AI system. The work has garnered national attention for being the first AI-generated image to win the 2022 Colorado State Fair’s annual fine art competition. A few days back, the USCO refused to register this work as well.

Copyright 116

Copyright Registration Artistic Work Artwork 116

Copyright Alliance

JANUARY 17, 2023

Monica Bond is a New York-based illustration artist, working with both analog and digital techniques to create art from the soul. The post Creator Spotlight with Illustration Artist Monica Bond appeared first on Copyright Alliance. In each piece she emphasizes the message, “this moment […].

Artistic Work 45

Artistic Work Art Copyright 45

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. New Life Art, Inc., There was no requirement that the use be “necessary” to the art. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

OCTOBER 27, 2021

Modern copyright jurisprudence offers protection, not only to classical types of literary and artistic works such as books and movies (as an illustrious example, Denis Villeneuve’s new Dune adaption, in cinemas everywhere), but also to less inherently artistic and perhaps more mundane expressions of human creativity.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

IIPRD

MARCH 1, 2023

Drawing upon the same, the ‘Artists Rights Directive’ was implemented by the European Union in 2001, which thereby declared Re-sale rights to be “unassailable and inalienable, enjoyed by the author of an original work of graphic or plastic art.” Analysis The value of art is not constant. Artists Rights Directive.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82