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. In looking at this question, you first need to consider what work is being used as a tattoo.

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Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

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The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

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IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

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Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear. Shortly following the Thaler decision, another artistic work created with generative AI was denied copyright protection.

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The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

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IP and Legal Filings

AUGUST 6, 2024

It is a legal right that belongs to the originators of genuine artworks like literature, drama and music works, cinematographic films as well as sound records. This gives an artist exclusive rights for use, distribution or licensing the creation thus prohibiting others from abusing it without permission. What is Copyright?

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SpicyIP

OCTOBER 9, 2022

As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. However, a second application was filed where a natural person and an AI (again (RAGHAV) were named as co-authors for another artwork. This copyright office granted registration in this case.

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Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. This is exactly the case here.

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Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. Copyright protects your work and stops others from using it without your permission.

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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. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

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The IPKat

FEBRUARY 17, 2022

According to Ricketson , it was clearly understood that this was also a requirement for the purposes of protection under the Convention, and inherent in the phrase ‘literary and artistic works’ in Article 2.

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IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Literary Works Other than Computer Programs. Musical Works. Artistic Works.

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IP and Legal Filings

MAY 24, 2024

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.

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SpicyIP

DECEMBER 15, 2023

In her work, Jessica Gillotte focuses on the copyright infringement issues arising from AI-generated artwork and argues that under current copyright law, engineers may use copyrighted works to train AI programs without infringing copyright.

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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” copyright protection is also available for artistic works first appearing in the context of 3D products, as we discussed in this earlier post relating to a furniture design. copyright law. For comparison, U.S.

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SpicyIP

SEPTEMBER 9, 2023

Next, he added “the overall image’s genre and category,” “certain professional artistic terms which direct the tone of the piece,” “how lifelike [Mr. The Copyright Act, 1957 defines an author in relation to any literary, dramatic, musical or artistic work which is computer-generated as “ the person who causes the work to be created ”.

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SpicyIP

SEPTEMBER 3, 2024

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

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IP and Legal Filings

OCTOBER 19, 2022

Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. 2537 (1994).

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IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork.

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IIPRD

JANUARY 29, 2023

Legal Pitfalls in Virtual World The character design used by a content creator can be designed by an artist, and rights can be transferred from the artist to the creator. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

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Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”.

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

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SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” The application asserted that the work was created autonomously by the machine and listed the machine as the author. .” Perlmutter, et.

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LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Judge Rakoff did observe that use of NFTs in connection with the underlying work should not automatically strip the work of artistic significance.

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Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection.

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Intepat

MAY 17, 2024

One case involved the visual work “A Recent Entrance to Paradise,” produced by Steven Thaler’s Creativity Machine, which was entirely generated by AI with no human contribution. Despite this, the Office denied copyright registration for the AI-generated images.

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IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. The ability to duplicate, distribute, perform, and exhibit the work is one of these rights.

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Intellectual Property Cease and Desist Copyright Law Music 52

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

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43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] citing Hustler v. Falwell and Mattel v.

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LexBlog IP

SEPTEMBER 11, 2023

As the court recognized, the more difficult questions that will need to be addressed include how much human input is required to qualify the user as the creator of a work such that it is eligible for copyright protection. Kristen Maaherra , 114 F.3d 3d 955 (9th Cir.

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IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR).

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Kashishipr

AUGUST 17, 2022

Copyright – Copyright safeguards the original creative and artistic works such as audio recordings, photographs, cinematographic films, art, text, videos, and other original creations. It grants copyright holders the exclusive right to display, perform, or distribute their original works.

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Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. Wix : for pixel-perfect designs.

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