Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. But if you’re exploiting AI art generated without any human contributions, understand that you may have no legal recourse if others later copy that work.

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Artwork Copyright Infringement Copyright Art 88

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

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Artistic Work Artwork Public Domain Intellectual Property 144

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. 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. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 117

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

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Artwork Intellectual Property Journalism Copyright 98

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool. DeviantArt failed at that task.

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Artwork Art Plagiarism Reporting 226

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

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IPilogue

JUNE 13, 2022

This article was written as a requirement for Prof. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School.

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Non-Fungible Tokens Art Due Diligence Social Media 124

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

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Copyright Derivative Work Artwork Fair Use 96

TorrentFreak

FEBRUARY 10, 2023

As shown in the image below, the image at the top right is the original tweet from the official @GenshinImpact account ( 1 ), and the two images at the bottom are the alleged copies ( 1 , 2 ) published by @merlin_impact. For example, the article published here reproduces both pieces of artwork in full but isn’t targeted in a subpoena.

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Copying Artwork Publishing Copyright Infringement 98

The IPKat

MARCH 13, 2022

Despite it being admittedly a ‘right to quote’ from the perspective of Article 10(1) of the Berne Convention , under EU law quotation is one of the traditionally optional exceptions found inter alia in Article 5 of the InfoSoc Directive , specifically Article 5(3)(d). A final appeal to the Italian Supreme Court followed.

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Copyright Law Copyright Law Artwork 103

Kluwer Copyright Blog

OCTOBER 5, 2022

This article provides a brief overview of the use of Creative Commons licensing in relation to NFTs based on the Creative Commons’ FAQ page linked above. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. Photo by Markus Winkler.

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Licensing Technology Public Domain Non-Fungible Tokens 107

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Design 143

Traverse Legal Blog

APRIL 1, 2021

NFT lawyer Enrico Schaefer covers the following topics in this informative article about non-fungible tokens. NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets. That signed painting is going to be worth a lot more than a print copy or an unsigned version of that painting.

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Non-Fungible Tokens Artwork Contracts Due Diligence 98

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

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Copyright Copyright Law Fair Use Law 136

Copyright Lately

NOVEMBER 21, 2021

In its article on the case, “The Verge” stated that the lawsuit represents “one of the first legal tests of what an NFT actually is—or at the very least, whether it’s comparable to any of the options Tarantino reserved.” A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

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Copying Non-Fungible Tokens Contracts Copyright 125

Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. an article made with artistic skill. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect. a collage, sculpture, photograph , or graphic work; 2.

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Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Fair Use Copyright Copying Technology 109

IP and Legal Filings

OCTOBER 28, 2022

Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights. Article 1(1) of Indonesia’s Trademark Law defines trademark.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. The submission of hard copies of the logos or decorations is essential.

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Design Designs Copyright Copyright Infringement 105

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Copyright Lately

JANUARY 23, 2023

Over the past week, the plaintiffs’ lawsuit has been the subject of thousands of articles which have largely parroted the complaint’s key talking point: that AI image generators are nothing more than “ a 21st-century collage tool that remixes the copyright works of millions of artists whose work was used as training data.”

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Derivative Work Art Copying Fair Use 107

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Let’s find out.

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Copyright Infringement Artwork Copyright Registration 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Copyright Art Fair Use Registration 145

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 87

Intepat

OCTOBER 7, 2022

an article made with artistic skill. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law.

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Intellectual Property Design Designs Artwork 52

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This means that using the protected work requires prior consent from its creator.

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Copyright Intellectual Property Ownership Technology 98

Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 91

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. If you are in that situation, perhaps not all hope is gone.

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IP Patent Design Patent Artwork 75

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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Artwork Contracts Art False Advertising 82

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?

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Moral Rights Copyright Artistic Work Artwork 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

IP and Legal Filings

JULY 11, 2024

This includes all books, artworks, pieces of music, and other creations in any field or discipline. When a work is registered it grants the owner the sole right over the work in that he or she can copy the work, distribute it, perform it, display it or produce a new work from the original work.

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Copyright Lately

JULY 10, 2022

Plaintiff Joe Morford claims that the copyright in his artwork (L) has been infringed by defendant Maurizio Cattelan. He sold three versions of the artwork for a total of nearly four hundred thousand dollars before enormous selfie-seeking monkeys crowds forced him to split early. Why the Court Got It Wrong. Copyrightability.

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Copyright Artwork Art Social Media 65

Kluwer Copyright Blog

OCTOBER 4, 2023

The parody, pastiche, and caricature exception, enshrined in Article 5(3)(k) of the Information Society Directive ( InfoSoc ), represents an optional provision for EU member states to incorporate into their domestic legislation. Similarly, modern interpretations suggest that pastiche can also incorporate elements of critique.

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Copyright Law Art Copyright Law 84

LexBlog IP

JULY 13, 2021

This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. Because NFTs are often digital artworks, it helps to think in terms of art. One item, in particular, has received an incredible amount of press—the NFT.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

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Licensing Fair Use Copyright Derivative Work 52

IP Tech Blog

JANUARY 4, 2023

Article 3 of the China Copyright Law defines copyrightable works as intellectual creations with originality in the realm of literature, art or science that can be represented in a certain form (the “tangibility” requirement in the US) and expands its scope by including other intellectual creations that meet the characteristics of works.

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IP Ownership Non-Fungible Tokens Copyright Law 109