Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

JD Supra Law

JUNE 6, 2023

Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

Fair Use 52

Fair Use Art Social Media Blogging 52

The IP Law Blog

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IPilogue

OCTOBER 1, 2022

Sedlik claims that Kat Von D infringed the copyright protection of his iconic photograph of world-famous jazz musician Miles Davis (“Davis”) when she tattooed the image onto a client’s body without authorization and posted photos of the tattoo on social media. Fischer found triable issues on substantial similarity and fair use.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. David Adjmi was previously sued over his Three’s Company parody 3C , but in 2015 the court found the play protected by fair use. appeared first on Copyright Lately.

Art 126

Art Copyright Copying Copyright Law 126

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. 2(c), the fair use exemption thereof under Sec. Image from the order.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Indiana Intellectual Property Law

FEBRUARY 12, 2024

In a courtroom showdown that has captivated both the art and legal worlds, celebrity tattoo artist Kat Von D emerged victorious in a copyright lawsuit brought against her by photographer Jeffrey Sedlik. For Von D, the decision marked the end of a two-year legal ordeal.

Fair Use 52

Fair Use Social Media Art Copyright 52

IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Also, the privacy and security matters on the social media make it much difficult to prevent the duplication of copyrighted works.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Netflix has responded that “ Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point. District Court in D.C.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Registration Fair Use 145

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury. What Happened.

Fair Use 88

Fair Use Designs Design Licensing 88

Kluwer Copyright Blog

SEPTEMBER 26, 2022

freedom of expression-based exceptions and limitations, which might be covered by fair use in the US) or they were not clear enough on the practical application of those flexibilities (e.g., For example, users of social media platforms (e.g., Technical protection measures were strictly applied in many cases.

Art 103

Art Social Media Licensing Law 103

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 98

Fair Use Copyright Licensing Copying 98

The IPKat

JULY 9, 2024

Katfriend Henning Hartwig (Bardehle Pagenberg) reported on the new decision of the EU General Court on the validity of a registered Community design in light of a piece of prior art that only showed a two-dimensional view of the design. 107 to apply to the creation and dissemination of a meme on social media.

Social Media 64

Social Media Fair Use Designs Design 64

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

Fair Use 98

Fair Use Copying Television Social Media 98

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

Art 59

Art Copyright Moral Rights Cease and Desist 59

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? As I noted in my prior article on AI art , AI tools aren’t copying images so much to access their creative expression as to identify patterns in the images and captions.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

IPilogue

OCTOBER 28, 2021

SpareParts) , the Federal Court of Appeal suggested that original jewellery designs may be subject to copyright protection as the mere fact that they are worn does not make it ipso facto a “useful article.” In a way, purely ornamental jewellery may be analogous to works of art. More recently, on September 27, the U.S.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

LexBlog IP

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

LexBlog IP

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

SpicyIP

MARCH 10, 2023

When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative. Certain Outputs, such as the results when you search for important or significant excerpts from a certain book chapter, may not be considered as fair use.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

43(B)log

JULY 25, 2024

Venkateswaran allegedly worked as an independent contractor for Portkey from 2017 to 2022, during which Venkateswaran performed work in areas like “communications and public relations,” “management of social media platforms,” and “attending and representing in conferences.”

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and voice – is he right?

Music 75

Music Copying Social Media Derivative Work 75

Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. Cattelan , a decision out of the Southern District of Florida that’s almost as absurd as the art projects that prompted it. Breitbart became the first S.D.N.Y.

Copyright 91

Copyright Art Licensing Social Media 91

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. art I, § 8, cl. xxii] Keyboard Cat Wins a Settlement with Maker of the Game “Scribblenauts” , THE SPOKESMAN-REV. 1, 2013), [link].

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

NOVEMBER 19, 2023

Louis Vuitton Malletier & Ors that counterfeiting is a serious economic crime and has to be dealt with seriously, the Delhi High Court passed an ex-parte interim injunction order restraining the respondents from using the plaintiff’s “Court Ace” mark. St Art India Foundation & Anr.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Branding 62

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v.

Trademark 40

Trademark Non-Fungible Tokens Branding Branding 40

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Is it art, collaboration, or something else? Applies to Satan Shoes.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Nike hopes to minimize brand confusion as it just acquired RTFKT Studios, a digital art and collectable creative firm involved in the development of NFTs.

Trademark 52

Trademark Ownership Branding Branding 52

43(B)log

JUNE 30, 2023

His view: some recommender systems should be prohibited AI, if social media use is addictive. Samuelson: but they’re demanding control of the input in the US, not the output (unless it is infringing in the conventional sense). Frosio: In US it is obvious that training the machine is fair use; not the case in Europe.

Law 60

Law Licensing Social Media Copying 60

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52