Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? 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. When the U.S.

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The IPKat

OCTOBER 11, 2022

As the name indicates, Le Musée intends to celebrate art. It features reproductions of paintings by classic masters, including Botticelli’s. The Florence museum, where Venus is held, was nonetheless unimpressed with this homage.

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The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

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Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? appeared first on Art Business Journal. The post How Can Museums Copyright the Works of Old Masters?

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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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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.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

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. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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Kluwer Copyright Blog

JUNE 19, 2023

In contrast, some NFT holders have a ‘Commercial Use’ license, i.e., an ‘unlimited, worldwide license to use, copy and display the purchased art for the purpose of creating derivative works based upon the art’. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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The IPKat

FEBRUARY 8, 2024

The judgment in THJ v Sheridan appears to have already had a tangible impact, including on the art and cultural heritage sector. Recently, the British Association of Picture Libraries and Agencies (BAPLA) has also issued a statement reacting to the judgment. but also online The Chair is Luke McDonagh , Assistant Professor of Law (LSE).

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The IPKat

MAY 3, 2022

Adidas and Prada recently launched Adidas : Prada, Re-Source , a collaborative NFT art project. Pictures in the lower middle are in the public domain. Brands are taking advantage of the increased consumer engagement by launching projects such as Nike’s Nikeland and Balenciaga’s ‘ Afterworld ’. ESRT Empire State Building, L.L.C.

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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. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market. A lot of artists are now experimenting with digital art.

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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. UDHR, and 15.1

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The IPKat

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here.

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IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces. Several individuals have been held for falsifying copyright ownership over a work that exists in the public domain.

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43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Visual art rejected at consistently higher rate; music almost never rejected. Visual arts: technical drawings as pseudo-patents are rejected 20-25% of the time. But how then would an Art.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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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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43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

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Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.

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43(B)log

JUNE 24, 2022

artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. Art/not art serves social, market, political purposes; in TM, ornamental/not merely ornamental requires us to be explicit about values underlying that choice.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Trademarks.

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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.

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43(B)log

JANUARY 31, 2025

RT: Read Karen Gover, Art and Authority. RT: then what makes your theory a theory of copyright and not a theory of art?] A: publication isnt important, but communicative intent is. Limitations: American art before Jan. Example: image from an art show from a photographer who was in theremaking copieswithout restrictions.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages. The problem with Elster’s argument, however, is that Section 2(c) does not prohibit any expression. United States Olympic Committee (1987).

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