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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Copyright Ownership Social Media Licensing 135

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.

Design 105

Design Designs Copyright Copyright Infringement 105

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.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

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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Non-Fungible Tokens Art Trademark Branding 104

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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Intellectual Property IP Government Invention 96

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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Artwork Public Domain Art Copyright 59

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

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LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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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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]

IP 52

IP Artwork Contracts Intellectual Property 52

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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Ownership Contracts Confidentiality Copyright 52

SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

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Registration Trademark Copyright Registering Trademarks 52

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Government (Biden Administration). Roman Martinez (Latham Watkins) is set to argue for Warhol and Lisa Blatt (Williams Connolly) for Goldsmith.

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Intepat

APRIL 4, 2025

To people involved in this industry, deceptive practices are a common occurrence, making it difficult to preserve the integrity of their institutions and the art works. Authentication techniques and the legal frameworks governing the global art market play a vital role in combating this prominent problem of art forgery.

Copyright Infringement 52

Copyright Infringement Art Copyright Artistic Work 52