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.

Art 98

Art Music Artwork Social Media 98

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 340

Copying Moral Rights Copyright Registration 340

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.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

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

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.

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

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 105

Moral Rights Publishing Licensing Copyright 105

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 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

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.

Moral Rights 72

Moral Rights Copyright Music Art 72

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.

Art 105

Art Moral Rights Artwork Editing 105

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

Velocity of Content

DECEMBER 4, 2024

1 Another key right is the creation of derivative works, which includes adaptations or translations. 3 This action would violate the right to translate, which is a specific aspect of the broader right to create derivative works. obligation under Art. 17 U.S.C. § 101 (definition of “derivative work”). ↩︎ See id.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

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 105

Copyright Public Domain Art Moral Rights 105

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

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

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 59

Moral Rights Television Copyright Intellectual Property 59

The IPKat

MARCH 25, 2025

Notably, Arnold LJ provides valuable insights into the fate of works of artistic craftmanship in post-Brexit UK, followed by chapters evaluating the works of applied art regime in EU Member States in the post-Cofemel era (focusing on Italy and Portugal), a topic which is a personal favorite of the reviewer.

Law 59

Law Intellectual Property IP Branding 59

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

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

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 90

Ownership Moral Rights Public Domain Intellectual Property 90

IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

Intellectual Property 104

Intellectual Property Music Art IP 104

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 129

IP Licensing Fair Use Moral Rights 129

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

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

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 105

Copyright Moral Rights Copyright Infringement Marketing 105