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.

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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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The IPKat

FEBRUARY 20, 2023

Underneath the photo, Claire Fontaine, an artistic duo that specialises in “ready-mades” (the wording the duo uses to describe the art term “ found objects ”), was acknowledged as the author of the photograph. However, the main message behind the words on the Dior dress was inspired by the words of the piece of street art.

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IPilogue

NOVEMBER 30, 2022

Berline was not the only individual who managed to create art under unimaginable circumstances. Who is entitled to the right to complete uncompleted work such as the compositions of Czech Jewish composer Pavel Haas who died in Auschwitz in 1944? In 1942, Berline was transferred to Auschwitz and murdered.

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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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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".

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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.

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Copyright Lately

NOVEMBER 14, 2021

” Could the street artist claim a violation of his moral rights? To be clear, there’s no E&O policy in the world that would cover the destruction of a work of art potentially worth millions of dollars—so there’s no doubt Banksy was all in on the show’s gag. Actor Christopher Walken has a unique talent.

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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.

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Social Media Art Fair Use Moral Rights 52

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist.

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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.

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Art Copyright Artistic Work Moral Rights 52

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.

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Moral Rights Television Copyright Intellectual Property 55

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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IPilogue

JANUARY 20, 2022

Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. New York art attorney Amelia K. Museums in France can claim perpetual moral rights of an author’s work. and the U.S.

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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

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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.

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

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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.

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Moral Rights Non-Fungible Tokens Art Copying 40

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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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.

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Copyright Public Domain Art Moral Rights 102

43(B)log

AUGUST 11, 2021

Twain called it “a curiously strong piece of literary work to come unpremeditated from lips untrained in the literary art.” Subotnik, Dead Hand Guidance: Deconstructing the Posthumous Control of Visual Art Following aesthetic instructions after death: law and theory. Deals with © and moral rights, first sale, users rights.

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Ownership Moral Rights Copyright Publishing 44

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 !

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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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Artwork Public Domain Moral Rights Art 143

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

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Moral Rights Cease and Desist Copyright Infringement Copyright 84

Kashishipr

AUGUST 31, 2022

The copyright owner or holder has the right to control who uses his creative work and the contexts in which the said work could be used. The concept of copyright is twofold since it covers both economic and moral rights. It involves their exclusive right to control and make copies of their creative works.

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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].

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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.

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LexBlog IP

FEBRUARY 21, 2024

In a recent decision [1] , the Colombian copyright agency took these elements into account when rejecting registration of three (3) works of art, consisting of images that were generated by “Artificial Intelligence derived from prompts in Midjourney.”

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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.

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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.

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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?

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The IPKat

MAY 9, 2023

The architect filed a lawsuit against the mosque’s owner, claiming the infringement of his moral rights under §§ 14 and 39 of the German Copyright Act. Under § 14, the author has the right to prohibit the distortion or any other derogatory treatment of their work (i.e.,

Copyright 52

Copyright Moral Rights Contracts Art 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.

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Moral Rights Editing Publishing Licensing 60

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.

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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.

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Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

The Copyright Act, 1957- Just like the creators of any art, the creators of these digital assets are protected under the Copyright Act of 1957. Upon the finalization of the sale, the agreement is enforceable as a contract under the provisions of the Indian Contract Act, 1872.

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Intellectual Property Law Moral Rights Contracts 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.

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