Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Visual art is made by harnessing and curating forces outside our control. What is to Come for AI Art? When the U.S. Copyright Office guidance.

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IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

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Art Law Journal

OCTOBER 29, 2021

Striking the right chord when pricing artwork is tricky to maneuver, especially because overpricing your work versus undervaluing yourself as an artist seems like it’s a very fine line. To fill the gap, Borbay created the Contemporary Art Pricing chart to help establish a consistent conversation around art value. Borbay.com.

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The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. There, it was presented as an original Koons artwork of which three copies exist.

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Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

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LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

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Kluwer Copyright Blog

APRIL 22, 2024

That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected.

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LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

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IP Law 360

JANUARY 5, 2023

As the non-fungible token market evolves rapidly, attorneys should be familiar with three types of legal instruments used to convey rights in NFT transactions, including agreements between the artist of the underlying artwork and the NFT creator, says Hannah Ji-Otto at Baker Donelson.

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Art Law Journal

NOVEMBER 10, 2021

Pricing and selling is an often unclear formula with a complex set of variables including time, expertise, personal brand strength, overhead expenses, market demand, and industry standards. Before understanding how to negotiate prices, it’s important to understand the market value of your work. Arriving at Your Freelance Rates.

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43(B)log

MAY 2, 2023

Defendants used a couple of pictures of her Dog Art work as an example of a style that kids using its art kits could emulate. Defendants provided zoom art classes to accompany the kits. defendant's ad for art kit Defendants sold only six of these kits—including two sold to Keck—for gross revenue of $240.

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IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. company specializing in greeting cards depicting street art, subsequently used this image in their products. company specializing in greeting cards depicting street art, subsequently used this image in their products.

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Traverse Legal Blog

APRIL 17, 2021

What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? Be an NFT expert if you want to take advantage of this emerging market. Copyright Licensing, Digital Art and NFTs. You’ll also get digital collectible album artwork.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. TOMMY JEANS. March 4, 2022. Dec 21, 2021.

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Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

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IPilogue

OCTOBER 7, 2022

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”. The study also found that the market continued to grow after the implementation of the resale right in 2006.

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IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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IPilogue

JULY 6, 2022

On March 21, 2022, Rothschild filed a memo of law in support of his motion to dismiss , where he argued that his MetaBirkin commented “on the animal cruelty inherent in Hermès’ manufacture of its ultra-expensive leather handbags, and that the MetaBirkin is speech, art, and expression protected by the First Amendment.

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TorrentFreak

JANUARY 5, 2023

At this very moment, a GoFundMe campaign launched by the Concept Art Association has the primary goal of raising $270,000. The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. million.

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Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels sells the exact same products – prints, phone cases, drinkware, and stickers.

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The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. For instance, a person may spend some cash to purchase a brand-new NFT piece of art from an artist. Image Source: Gettyimage].

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Art Law Journal

FEBRUARY 24, 2022

There’s an art fair for everyone, everywhere and new ones are sprouting up every year. With fairs featuring artists with non-traditional arts backgrounds to a focus on photography and prints , there is seemingly an art fair to fit any number of collecting tastes. Are you choosing an art fair that aligns with your goals?

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The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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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). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment. Coming back to the Hermès v.

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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. Buy a domain name (e.g.,

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Kluwer Copyright Blog

FEBRUARY 2, 2023

Generative AI Computer-generated art reached a tipping point in 2022. AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times.

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The IPKat

JULY 14, 2022

Thirdly, NFTs include digital items such as art image, collectibles or music files but can also incorporate the right to receive some utilities (in many cases, NFTs include a combination of artworks or collectibles and utilities). All this is at odds with the understanding of NFTs as property.

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IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. These advantages can be made profitable for the owner.

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IPilogue

JULY 8, 2022

Imagine you are a new artist, who sells your art for $500 dollars, which is enough to cover the cost of supplies and your time spent on the piece. An Artist Resale Right (ARR) allows the artist or the artist’s estate to profit or financially benefit from the sale of the artist’s work in secondary markets after the original sale.

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Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.

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Kluwer Copyright Blog

JANUARY 10, 2022

This has come about following their use in connection with the transaction of different types of digital content (including artworks), often for exorbitant amounts. This blog post explains why the judgment is still highly significant, coming at a time when the fundamental rights compatibility of Art. by Paul Keller.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The effect upon the potential market for or value of the copyrighted work. [8] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

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Traverse Legal Blog

APRIL 1, 2021

Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets. People will bid on an NFT, a non-fungible token, associated with a piece of digital artwork.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). Firstly, the amendment 399 to Art.

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The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) Is the Spanish implementation of Art. moral rights. 17 CDSM compatible with EU law?

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IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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