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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Intellectual Property Artistic Work Copyright Artwork 111

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Brands 95

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 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.

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Art Artwork Intellectual Property Copyright Law 52

Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear. Shortly following the Thaler decision, another artistic work created with generative AI was denied copyright protection.

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Copyright Copyright Law Artistic Work Artwork 147

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’.

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Non-Fungible Tokens Art Trademark Brands 104

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

Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Further, the Copyright protects the following types of original artwork. 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 59

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 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

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.

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Copyright Registration Artistic Work Artwork 116

Kluwer Copyright Blog

JULY 20, 2022

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. The emergence of NFTs has been disruptive to the world of art. Image by Riki32 via Pixabay. The communication to the public right.

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Copyright Copying Non-Fungible Tokens Copyright Law 135

IPilogue

NOVEMBER 17, 2021

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Of note, in DRG Inc.

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Ownership Intellectual Property Artwork Copyright Law 102

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 105

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.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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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Copyright Art Copyright Law Licensing 125

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. Second, Art.

Artwork 59

Artwork Public Domain Art Copyright 59

IP and Legal Filings

OCTOBER 19, 2022

The unawareness of parties on sale platform and freedom to set prices as one wishes may turn the high-value art to be an object for money laundering. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

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Artwork Copying Contracts Copyright 90

Art Law Journal

JUNE 16, 2022

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. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

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Copyright Infringement Artwork Copyright Registration 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? 101 Notice that a derivative work is defined as one that’s “based upon” one or more preexisting works. . § 17 U.S.C. §

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IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

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Litigation Copying Copyright Designs 143

Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Andy Warhol’s “Prince Series”. Goldsmith , the U.S.

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Fair Use Copying Artistic Work Artwork 55

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. Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install.

Blogging 40

Blogging IP Artwork Artistic Work 40

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.

Designs 40

Designs Design Copyright Artistic Work 40

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

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Social Media IP Business Brands 105

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork.

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Intellectual Property Government Invention Brands 98

Kluwer Copyright Blog

JUNE 30, 2021

107, as the film provides commentary on the art of burlesque. This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment.

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Fair Use Copyright Law Copyright Law 105

Art Law Journal

APRIL 27, 2022

Compiling a professional digital 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 competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed. Wix : for pixel-perfect designs.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

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Litigation Artistic Work Brands Branding 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Sony argued that its statements were noncommercial because they pertained to art and identified an artist, whose identity “can be an important component of understanding the art itself.” “But citing Hustler v. Falwell and Mattel v.

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False Advertising Advertising Advertising Artistic Work 59

LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Judge Rakoff did observe that use of NFTs in connection with the underlying work should not automatically strip the work of artistic significance. Grimaldi , 875 F.2d

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” The application asserted that the work was created autonomously by the machine and listed the machine as the author. .” Perlmutter, et.

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Copyright Copyright Law Artistic Work Artwork 52

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.).

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kashishipr

AUGUST 17, 2022

Copyright – Copyright safeguards the original creative and artistic works such as audio recordings, photographs, cinematographic films, art, text, videos, and other original creations. It grants copyright holders the exclusive right to display, perform, or distribute their original works.

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Social Media Intellectual Property Registration Brands 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. However, in the digital art world, most NFTs are created or “minted” through a fairly straightforward process by a third party platform. Until now, the sale of digital art has been a difficult proposition. This is similar to the position for traditional art.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1]

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Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

MARCH 11, 2024

The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

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Trademark Registration Copyright Patent Application 59