IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. If an individual knowledgeable in the relevant art would find the invention obvious, that individual would meet the criterion for determining non-obviousness.

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IP Intellectual Property Invention Inventor 98

The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

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? SuperRare – Curated artists – a premier destination in the NFT art – quality over quantity. Was that ownership transferred, and if so, to whom?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Dear Rich IP Blog

MAY 12, 2022

Dear Rich: As the representative of a particular (living) artist, I was recently contacted by the organizer of an exhibition in which original art pieces owned by various collectors will be on display -- including my client's art. In this particular situation, is my client's permission actually necessary?

Artwork 52

Artwork Non-Fungible Tokens Art Copying 52

Traverse Legal Blog

MARCH 8, 2022

art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights.

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Non-Fungible Tokens Artwork Licensing Branding 131

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. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

Ownership 52

Ownership Copyright Law Copyright Law 52

IP Law 360

JULY 27, 2023

A California art collector says a federal court got it right the first time when it dismissed him from a dispute over ownership of the movie poster artwork for "Blade Runner," arguing in briefs Wednesday that the court correctly found he had insufficient contact with Pennsylvania for its courts to have jurisdiction over him.

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Artwork Ownership Art 75

IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

Intellectual Property 111

Intellectual Property Artwork Social Media Copyright 111

Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. The preferred form of regulation in the NFT sector is code rather than copyright law.

Artwork 98

Artwork Contracts Ownership IP 98

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.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

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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Non-Fungible Tokens Trademark Artwork Art 121

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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Non-Fungible Tokens Artwork Ownership Art 96

Intepat

NOVEMBER 3, 2024

Many orphan works are part of India’s rich cultural heritage, and their inaccessibility can hinder efforts to promote and preserve traditional arts, literature, and music. In such cases, ownership may be attributed to the publisher or another designated entity. Thus, there is a pressing need for legal reform in this area.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain.

Non-Fungible Tokens 121

Non-Fungible Tokens Artwork Contracts Art 121

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Non-Fungible Tokens IP Ownership Contracts 98

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.”. Inuit Art Foundation’s website. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

IPilogue

MARCH 2, 2023

Some tattoo artists may see copyright protection and the ability to raise an infringement claim as a just outcome or a validation of their art. This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed.

Copyright Law 105

Copyright Law Copyright Law Artwork 105

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. Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. In a recent case i.e.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”.

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Non-Fungible Tokens Contracts Copying Art 135

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.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.” Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

TorrentFreak

FEBRUARY 16, 2022

As a result, the hype around NFTs (particularly where they relate to some kind of art) has reached astonishing levels, with new projects appearing all the time promising to revolutionize this and democratize that. Equally, where was it getting its music and artwork from to populate its music player? Of course, big questions remained.

Music 145

Music Cease and Desist Non-Fungible Tokens Artwork 145

LexBlog IP

SEPTEMBER 8, 2023

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Paul Getty Museum, the Metropolitan Museum of Art, the Louvre Museum, and the Victoria & Albert Museum. [6] 5] The list of the museums whose collections were inquired about include recognizable names such as the J. 6, 2023), [link]. [2]

Art 52

Art Artwork Ownership Government 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”.

Art 72

Art Copyright Registration Artwork 72

LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Art theft is nothing new, but NFTs turn these existing precedents upside down.

Artwork 40

Artwork Television Art Ownership 40

The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

IIPRD

MARCH 5, 2025

This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Copyright Office (AI-Generated Art) In 2023, Dr. Stephen Thaler, the author of an AI system named “Creativity Machine,” applied for a copyright for an art piece produced by the AI.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

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.

Art 52

Art Marketing Marketing Due Diligence 52

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. UDHR, and 15.1

Copyright 125

Copyright Art Copyright Law Licensing 125

LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. However, in 5Pointz the building owner consented to the artwork installation. ” Canilao v.

Social Media 52

Social Media Art Fair Use Moral Rights 52

IP and Legal Filings

NOVEMBER 18, 2021

Non-Fungible Tokens or NFTs is the latest trend that has taken the world of art and technology by storm. NFTs revolutionised the concept of ownership and digital art. Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. Again, NFTs are just an ownership record and a link to content. Is the sale of a single work of original art considered to be a publication? The NFT isn’t the image.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. When you purchase an NFT, you own the underlying Bored Ape, the Art, completely. When you buy the NFT, you own the “underlying Bored Ape, the Art,” completely.

Derivative Work 94

Derivative Work Licensing Artwork Contracts 94

LexBlog IP

FEBRUARY 21, 2022

High-profile art NFT projects include those by artist Beeple , who sold his digital art NFT for a record-breaking $69 million, and CryptoPunks , and The Bored Ape Yacht Club , which are NFT collections commonly used as profile pictures and confer other social benefits. .” What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

LexBlog IP

JULY 13, 2021

Who has not heard of the $69 million price tag on Everydays – the First 5000 Days and other outlandish prices for digital art. This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. Digital art is not new, either.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59