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 ]. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94

Artwork Moral Rights Art Litigation 94

Plagiarism Today

JANUARY 18, 2022

The fact that so few copies exist means that burning it may run afoul of the Visual Artists Rights Act (VARA) if the editions are signed and numbered. In other nations, moral rights may prohibit that. In short, the group wrongly assumed that purchasing the book granted them the rights in the book itself.

Copying 339

Copying Moral Rights Copyright Registration 339

The IPKat

JANUARY 23, 2024

25 Things You Should Know About Artificial Intelligence, Art and Copyright, by Pablo Fernández Carballo-Calero. Founding a Global Human Rights Culture for Trade Marks, by Genevieve Wilkinson. Research Handbook on Intellectual Property and Moral Rights, by Ysolde Gendreau. Copyright and Cartography, by Isabella Alexander.

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Moral Rights Copyright Music Art 72

Kluwer Copyright Blog

DECEMBER 18, 2022

Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’. Works of authorship are protected through economic and moral rights afforded to the copyright holder. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

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. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

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

The Art Law Blog

JUNE 19, 2021

law from eating the Mona Lisa if you own it,' said Amy Adler , an art law expert and professor at the New York University School of Law. 'We We only protect works for the life of the artist, with a few minor exceptions, but that’s basically the rule under the Visual Artists Rights Act.' "In

Moral Rights 63

Moral Rights Artwork Art Law Art 63

The IPKat

JANUARY 24, 2023

Nevertheless, the list of protectable subject matter was amended too to expressly include works of artistic blacksmithing as an example of works of applied art, fonts as an example of works of fine art, light and music shows, circus shows, theatrical productions and landscape creations. No moral rights apply to CGOs.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. AR content is often developed around cultural goods that embed works of art.

Copyright 103

Copyright Public Domain Art Moral Rights 103

Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. However, as food becomes more widely recognised as a work of art, chefs and restaurants may become more aggressive in their use of intellectual property laws to preserve the creative presentation of their cuisine.

Art 52

Art Copyright Artistic Work Moral Rights 52

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

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.

Artwork 110

Artwork Public Domain Moral Rights Art 110

LexBlog IP

AUGUST 22, 2023

Kerson sued under VARA, alleging that concealing his works was both “destruction” and “intentional distortion, mutilation, or other modification” – both of which VARA enjoins in connection with qualifying works of visual art. And the murals were qualifying works of visual art). Museum of Contemp.

Art 52

Art Moral Rights Law Intellectual Property 52

The IPKat

FEBRUARY 20, 2024

Speaking of artificial intelligence, Katfriend Anna Pokrovskaya shared some of her research on the current debates in the US and the EU about whether AI can be considered a person having ordinary skill in the art when assessing patentability. The book also discusses the real-life issues experienced by authors facing moral rights dilemmas.

Moral Rights 69

Moral Rights Intellectual Property Editing Inventor 69

The IPKat

SEPTEMBER 30, 2024

In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art. One of the Law’s main “features” is the introduction of a sui generis right for non-original computer-generated subject-matter. 12), but does not include moral rights. 12), but does not include moral rights.

IP 85

IP Art Moral Rights Registration 85

Intellectual Property Brief

NOVEMBER 3, 2021

Property rights and artist rights collide in this legal dispute between Vermont Law School and artist Sam Kerson. Property owners are developing unique methods to preserve art with respect to artists’ moral rights to their work.

Moral Rights 52

Moral Rights Law Art Blogging 52

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. Copyright Act is the primary section that grants rights to visual artists. Section 106A of the U.S.

Social Media 52

Social Media Art Fair Use Moral Rights 52

The IPKat

JANUARY 30, 2022

PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the public domain) by Louis Larivière in the Louvre, Paris" on a book cover. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 78

Moral Rights Database Right Design Designs 78

Kluwer Copyright Blog

JUNE 15, 2023

In the case at hand there was a conflict due to the use of a work of art in the famous Spanish television programme “El Hormiguero” without the corresponding authorisation of the author. The work was used in a humorous section of the programme in the context of the apartment of a dirty and untidy person.

Moral Rights 56

Moral Rights Television Copyright Intellectual Property 56

The IPKat

NOVEMBER 14, 2021

moral rights. Is the Spanish implementation of Art. 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 (?) 17 CDSM compatible with EU law?

Blogging 89

Blogging IP Moral Rights Artwork 89

Olartemoure Blog

JULY 17, 2024

National Tattoo Day is a perfect occasion to celebrate the art of tattooing, an ancient practice that has evolved into a mainstream cultural phenomenon. Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

SpicyIP

MAY 1, 2023

Practically, it might not be so difficult to secure licenses from stock photography websites for images such as Getty Images (and other stock photography websites), which has in the past licensed content from its platform to an AI art generator. There can be separate databases for images, videos, information/data, etc.

IP 130

IP Licensing Fair Use Moral Rights 130

The IPKat

NOVEMBER 4, 2022

Likewise, it is also a relevant stage of the inventing process where a human is needed in machine learning, because, she states, the process of getting a patent implies a prior art search. She also highlights areas in need of further investigation, such as ownership and moral rights.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] In either case, the art has not been ‘destroyed.’” VARA VARA was enacted in 1990 as an amendment to the U.S.

Art 52

Art Artwork Law Moral Rights 52

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Călinescu , C-649/23. As a result, his estate launched proceedings for copyright infringement.

Derivative Work 137

Derivative Work Editing Copyright Music 137

JIPEL Copyright Blog

NOVEMBER 30, 2021

Non-fungible tokens, or “NFTs,” gained worldwide notoriety in the art world last year following the sale of Beeple’s EVERYDAYS: The First 5000 Days for a staggering $69 million at Christie’s. Increasingly, NFTs are being seen as a viable investment for art enthusiasts. Both rationales don’t necessarily translate to the NFT space.

Moral Rights 40

Moral Rights Non-Fungible Tokens Art Copying 40

The IPKat

OCTOBER 10, 2022

Approaching the concepts of author and inventor, Sánchez García prefers to adopt a new concept, the ‘Artificial Inventor’ as the “thing that produces effects”, capable of “influencing society with quantifiable and attributable effects” even if it cannot enjoy moral rights (p.121).

Inventor 140

Inventor Invention Patent Ownership 140

The IPKat

OCTOBER 21, 2023

112-2-10 of the French Code of Intellectual Property (CPI), the court recalled in particular that a work of applied art could be protected by copyright provided that it is original. Basing itself explicitly on a combined reading of articles L.111-1 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

IP Whiteboard

AUGUST 30, 2020

The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands. What about moral rights? What about moral rights? Does copyright exist in tattoos? 1] [link]. [2] 2] [link].

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

MAY 11, 2022

COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. Specifically, the case involved the Massachusetts Museum of Contemporary Art Foundation (Mass MoCA) Foundation in North Adams and Christoph Büchelis, a Swiss installation artist.

Blogging 64

Blogging IP Moral Rights Registration 64

Kluwer Copyright Blog

AUGUST 12, 2021

It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

IP and Legal Filings

APRIL 20, 2023

Accordingly, assuming the ownership is conceded to AI, making such a transfer would be troublesome Fourthly, under Section 57, author has Moral rights, incorporates right to paternity and right to integrity. to get the status of an author/joint author or any status to properly acknowledge its contribution.

Ownership 70

Ownership Moral Rights Public Domain Intellectual Property 70

IIPRD

MARCH 1, 2023

[Image Sources : Shutterstock] As per the intellectual property regime in India, this right to monetary gains is not exhausted upon the selling of the artwork by the artist; rather, he/she is entitled to a certain amount or royalties upon every resale of the artwork. In this sense, section 57 provides precursory rights to section 53 A.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

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. Section 57: This section emphasizes moral rights, which allow authors to protect the integrity of their works, regardless of whether they are pseudonymous or anonymous.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. There, the issue was the authenticity of a work of art in an age of mechanical reproduction. But call it "editing", and furrows on one's brow are less likely.

Moral Rights 64

Moral Rights Editing Publishing Licensing 64