Kluwer Copyright Blog

JUNE 14, 2023

The Tribunale di Firenze applied the Italian law: art. 9 of the Constitution , art. 107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. 106), the instrumental use and reproduction (art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

Dear Rich IP Blog

DECEMBER 9, 2023

Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Alternatively, you can use language from a publication that is in the public domain.

Art 59

Art Public Domain Copyright Publishing 59

Kluwer Copyright Blog

APRIL 5, 2023

In late 2022, the Court of Venice issued an interesting order restraining the use of the image of a well-known piece of Renaissance art by Leonardo da Vinci: the Study of the Proportions of the Human Body in the Manner of Vitruvius , also known as the Vitruvian Man. [1] Pen and brown ink with wash over metalpoint on paper (34.4 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

Plagiarism Today

FEBRUARY 28, 2024

A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.

Public Domain 273

Public Domain Copyright Plagiarism Art 273

Art Law Journal

JANUARY 15, 2019

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Steve Schlackman.

Public Domain 52

Public Domain Art Fair Use Copyright 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. and Klebsiella sp.,

Art 52

Art Patent Public Domain Invention 52

Plagiarism Today

MAY 7, 2024

However, the works involved were already placed in the public domain. Yuga Labs announced a new commercial NFT venture. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.

Public Domain 266

Public Domain Copyright Plagiarism Art 266

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Patently-O

APRIL 20, 2024

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

Design Patent 69

Design Patent Art Designs Design 69

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Thus, an invention is new or novel, if it has not been disclosed in the prior art. Before the application for a patent is filed, a prior art search is of paramount importance. The novelty is always determined with reference to a single prior art document. The traditional knowledge in India is also considered prior art.

Art 52

Art Invention Public Domain Publishing 52

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

Art 52

Art Copyright Artistic Work Public Domain 52

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.

Art 52

Art Copyright Public Domain Copyright Law 52

The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Part I, “Artificial Intelligence, Art and Copyright”, offers its readers a general overview of how AI affects cultural and creative sectors.

Art 52

Art Copyright Database Right Public Domain 52

Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

Art 52

Art Patent Invention Patent Application 52

Art Law Journal

FEBRUARY 3, 2023

Are you using AI like Dall-e or MidJourney to create Art? Find out how copyright law applies to computer art created through generative AI.

Art 52

Art Copyright Law Copyright Law 52

Intepat

FEBRUARY 13, 2021

One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. To conduct a comprehensive Prior Art Search , it is pertinent to check different databases.

Art 52

Art Invention Due Diligence Patent Application 52

Dear Rich IP Blog

MARCH 15, 2023

The magazine itself was copyrighted, but the ads do not contain any copyright markings, so my understanding is that the ads would have entered into the public domain. The advertisements are most likely in the public domain. How do they become public domain? 3 of the 1909 Act.)

Public Domain 52

Public Domain Copyright Copyright Notice Advertising 52

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?

Public Domain 52

Public Domain Copyright Artwork Journalism 52

SpicyIP

OCTOBER 29, 2024

They argued that since the method was found in prior arts, the impugned invention was not novel. On lack of inventive step, they alleged that the use of phenyl acetyl carbinol as the starting compound for synthesis of amino alcohol was present in prior arts and it was obvious to any person skilled in the art to arrive at the final compound.

Invention 99

Invention Art Patent Intellectual Property Law 99

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? Steve Schlackman.

Public Domain 127

Public Domain Copyright Artwork Intellectual Property 127

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. i) Public domain works. ii) Copyright protected works.

Copyright 101

Copyright Public Domain Art Moral Rights 101

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use 52

Fair Use Art Art Law Law 52

The IPKat

MARCH 7, 2022

Question 3 does not reference an Article, but asks whether, if an SPC is granted for A, this precludes the subsequent grant of an SPC for A+B, and vice versa.

Art 114

Art Public Domain Invention Marketing 114

Dear Rich IP Blog

SEPTEMBER 16, 2020

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The public domain. You're correct that Louise Brooks publicity photos are probably public domain. What to do?

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

JANUARY 5, 2023

Several artists, frustrated with Artificially Intelligent (AI) image generators skirting copyright laws, are using AI-image generators to produce images of Mickey Mouse and other copyrighted characters to challenge the current legal status of AI art. This legal loophole has angered many professional artists whose art is used to train the AI.

Public Domain 40

Public Domain Intellectual Property Art Copyright Law 40

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 143

Artwork Public Domain Moral Rights Art 143

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).

Copyright 73

Copyright Art Intellectual Property Law Public Domain 73

The IPKat

APRIL 8, 2023

It could test the applicability of Art. The use of copyright content by OCSSPs The implementation and nature of Art. In such a scenario, rightsholders must provide OCSSPs with the necessary information (Art. 5 (3) Barnier Directive; Art. 35/2017); content in the public domain; content covered by an exception.

Music 127

Music Art Copyright Related Rights 127

The IPKat

JUNE 12, 2024

In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(1) Community Design Regulation (‘CDR’)) or where the appearance is necessary to connect two products ( Art. 8(3) CDR makes an exception from Art. 8(2) CDR ).

Designs 60

Designs Design Art Law 60

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!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

TorrentFreak

SEPTEMBER 24, 2024

The Anne Frank Copyright Battle While early versions are presumably in the public domain in several countries, the original manuscripts are protected by copyright in the Netherlands until 2037. According to the organization, the original print versions will remain protected for many decades.

Copyright 108

Copyright Publishing Art Copying 108

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 60

Reporting Copyright Public Domain Law 60

43(B)log

OCTOBER 9, 2023

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. When the information about the prior art came in, the court granted summary judgment in favor of Cap Export in the patent case and invalidated the patent.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

IP and Legal Filings

DECEMBER 1, 2021

Let us briefly discuss the patentability criteria; Newness or novelty requirement- An invention is said to be novel if all elements of a claim of the invention are not anticipated by a single prior art that is published, or used, or known to the public. A person skilled in art is a person who has average skills from your domain.

Invention 92

Invention Patent Art Public Domain 92

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. 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. Second, Art. Yet, this work of art is not located in a museum but en plein air.

Artwork 55

Artwork Public Domain Art Copyright 55

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Visual art is made by harnessing and curating forces outside our control. This is true of a painter splashing paint on a canvas for an abstract art piece, but even photography captures a chaotic scene. What is to Come for AI Art?

Artwork 98

Artwork Blogging Art Copyright 98