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.

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SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”).

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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.”

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Art Copyright Artistic Work Moral Rights 52

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.

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JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

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IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. This ruling was based on the leading House of Lords authority on works of artistic craftmanship, George Hensher Ltd v Restawile Upholstery (Lancs) Ltd. [1]

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Art Artistic Work Copyright Law Designs 73

IP Law 360

JULY 7, 2022

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity.

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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.

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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.

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Art IP Intellectual Property Copyright 52

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

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.

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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.

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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 100

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 […].

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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 82

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship.

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IPilogue

JANUARY 20, 2022

Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. New York art attorney Amelia K. Yet, in many cases, museums continue to profit off of and control these works. and the U.S.

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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.

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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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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?

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Artwork Blogging Art Copyright 96

Dragons' Den

APRIL 4, 2024

From yard art to supplement drinks, there were a range of products to whet everyone's appetite in this week’s Dragons' Den episode! Creating Art First up are Grant and Charlotte who are cofounders of Yard Art UK Ltd. Sara Davies started the questioning by asking Charlotte if she created any of the wall art herself.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. However, if an artist comes up with an original depiction of Santa Claus then it shall be copyright protected on account of being an original artistic work of that artist.

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IP Artistic Work Intellectual Property Branding 52

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.

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Artistic Work Television Trademark Trademark Law 62

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.

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Art Artistic Work Designs Design 105

IPilogue

SEPTEMBER 20, 2021

Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections. The labour, skills, and expertise required to create are apparent to anyone who dabbles in the fine arts or enjoys its casual consumption.

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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

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Designs Design Copyright Artistic Work 52

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

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Intellectual Property Designs Design Artwork 52

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Ankit Sahni, an artist and lawyer, commissioned an AI-based tool that generates artistic works, by the name RAGHAV (‘Robust Artificially Intelligent Graphics and Art Visualizer’) in 2020.

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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.

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Moral Rights Copyright Artistic Work Artwork 52

Intepat

OCTOBER 7, 2022

Protection of an Artistic Work–. Even if it might be difficult, ending every duplication of one’s art is not entirely impossible. 2) One should register their art Under Copyright, which is soundproof of the date of creation of the art. DESIGNS ACT, 2000. COPYRIGHT ACT, 1957. Protection of a design–.

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Intellectual Property Designs Design Artwork 59

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.”

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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’.

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LexBlog IP

FEBRUARY 26, 2024

However, although haute couture and high-concept fashion may be considered artistic works, Italian courts have rarely found designs of fashion or clothing products worthy of copyright protection. Fashion show: a work of art? Was it a tribute to Alexander McQueen or copyright infringement?

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IPilogue

FEBRUARY 2, 2023

Rap lyrics’ admissibility doesn’t just sacrifice art for a quick conviction, but arguably enables a racially discriminatory and biased practice to flourish in the legal system. Imagine how different your favourite Drake song would be if he had to remove every potentially incriminating lyric.

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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.

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Copyright Infringement Copyright Art Artistic Work 143

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.

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Designs Design Copyright Copyright Infringement 93

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.

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