The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The Court of Appeal has confirmed that the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being.

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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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Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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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 110

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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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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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.

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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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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.

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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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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.

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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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Garrigues Blog

MARCH 27, 2025

Firstly, it seems clear that any element that is included in a board game and meets the originality criterion, constitutes a literary or artistic work, depending on its nature. Drawings, designs, figures or characters can be classified as artistic works. Tecnos, 2017 (Comentario al art.

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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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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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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).

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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 105

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.

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Copyright Non-Fungible Tokens Technology Plagiarism 279

IP and Legal Filings

FEBRUARY 17, 2025

Image Sources: Shutterstock] Copyright- The Copyright Act provides for registration of original literary dramatic, musical and artistic works, including cinematography and sound recordings. These provisions are in place to ensure that the rights of an owner are not infringed and disputes are avoided.

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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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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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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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Art Artwork Intellectual Property Copyright Law 52

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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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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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

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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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.

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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.

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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.

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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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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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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

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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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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

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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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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