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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

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Moral Rights Copyright Artistic Work Artwork 52

LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

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Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ). Commentary & Conclusion Kurasov v.

Art 54

Art Plagiarism Artwork Graphic Design 54

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? None of it includes copies of images. Stability AI Ltd. The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

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. AI additionally possesses no copyright on the material that it generates.

Copyright 89

Copyright Intellectual Property Ownership Technology 89

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ). Commentary & Conclusion Wali v.

Art 52

Art Plagiarism Artwork Graphic Design 52

Art Law Journal

JUNE 30, 2022

Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. If I had to guess, I would estimate that at least half of the people reading this article don’t know why those two statements are wrong. How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

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.

Copyright 145

Copyright Art Fair Use Registration 145

IIPRD

FEBRUARY 6, 2024

But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement. Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Art Law Journal

JUNE 30, 2022

Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. If I had to guess, I would estimate that at least half of the people reading this article don’t know why those two statements are wrong. How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” There’s a similar copyright registration for this site. This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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Fair Use Copyright Moral Rights Copyright Law 133

LexBlog IP

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

TorrentFreak

FEBRUARY 10, 2023

DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead.

Copying 79

Copying Artwork Publishing Copyright Infringement 79

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]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 134

Copyright Copyright Law Fair Use Law 134

Copyright Lately

JULY 10, 2022

A banana taped to a wall may qualify as art, but as a copyright infringement lawsuit it should have been left to rot. Plaintiff Joe Morford claims that the copyright in his artwork (L) has been infringed by defendant Maurizio Cattelan. A Tale of Two Bananas. The Complaint.

Copyright 64

Copyright Artwork Art Social Media 64

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This exception provides copyright will not be infringed by the making of a: 1.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

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.

Copyright Law 81

Copyright Law Art Copyright Law 81

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

LexBlog IP

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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. The NFT isn’t the image.

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2]

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Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Scenario 1: Protecting the Work by Copyright. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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Intellectual Property Design Patent Designs Design 40