LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Dear Rich IP Blog

SEPTEMBER 4, 2020

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. The artist is French, I am British, and my publisher is based in the U.S. The artist died over 70 years ago, and in Britain and Europe, his works are out of copyright. But in the U.S.,

Public Domain 52

Public Domain Artistic Work Artwork Publishing 52

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. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

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.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

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?

Registration 108

Registration Copyright Intellectual Property Artistic Work 108

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 105

Social Media IP Business Branding 105

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. Thus: stay tuned for the next AI+IP development …. As it is the case of all real love stories, probably not.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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.

Designs 102

Designs Design Copyright Copyright Infringement 102

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. 09, 2022) [link] Jeremy S.

Non-Fungible Tokens 93

Non-Fungible Tokens Art Trademark Branding 93

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). The purpose of the Policy is to link IP investors and creators.

Intellectual Property 82

Intellectual Property IP Government Invention 82

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.

Advertising 82

Advertising Advertising Copyright Branding 82

Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IP Whiteboard

JUNE 7, 2021

Beeple (American digital artist) sells NFT of one of his works for $69 million USD. And what role does intellectual property ( IP ) play in their creation and sale? NFTs have a variety of uses which extend far beyond digital artwork. Does buying an NFT mean you own the IP rights in the underlying digital work?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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).

Artwork 71

Artwork Copying Contracts Copyright 71

Traverse Legal Blog

OCTOBER 20, 2022

In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so. Can NFTs Reflect Ownership License Rights or Other IP?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

Copyright 130

Copyright Ownership Social Media Licensing 130

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. .”

Litigation 52

Litigation Artistic Work Branding Brands 52

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.

Designs 52

Designs Design Copyright Artistic Work 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.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 120

Copyright Art Copyright Law Licensing 120

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.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

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.

Litigation 143

Litigation Copying Copyright Design 143

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.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

SpicyIP

DECEMBER 24, 2023

To read these, along with a round up of IP developments around the country, and world, read on below. Relying on the decision in Dominos Ip Holder LLC & Anr. The petitioner also argued that the Respondent was employed by them and was a job worker packing salt for them and used their art work. vs Ms Dominick Pizza & Anr.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It When it comes to songs, copyright gets pretty interesting.

Music 89

Music Copyright Ownership Copyright Law 89

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Design 52

IPilogue

SEPTEMBER 20, 2021

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . Creative works, such as artworks, qualify for copyright protection if they are original.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

The IPKat

NOVEMBER 1, 2022

Kat friend Hugh Stephens describes the murky story of IP and the Ogopogo monster ("murky" as the waters in which the Ogopogo is said to dwell). There were 18 registered copyrighted works related to the Ogopogo, including books, posters, artwork, videos (in some cases, supposedly of the creature itself) and dramatic works.

Copyright 125

Copyright Artwork Due Diligence Publishing 125

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

Copyright 130

Copyright Copying Non-Fungible Tokens Copyright Law 130

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

IPilogue

NOVEMBER 17, 2021

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Of note, in DRG Inc.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. The Metaverse comprises various technologies, each with its own IPR implications. Author: PAVITRA PRIYADARSHAN , B.A.

Trademark 52

Trademark Ownership Branding Brands 52