Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2.

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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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Artwork Non-Fungible Tokens Artistic Work Branding 95

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Where AI alone creates a work, this point seems clear. Perlmutter, et.

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Copyright Copyright Law Artistic Work Ownership 147

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.

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Art Artwork Intellectual Property Copyright Law 52

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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Copyright Infringement Editing Copyright Artistic Work 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. You are not required by law to register your trademark, however it is highly recommended that you do. How are Copyrights Used?

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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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IP and Legal Filings

AUGUST 6, 2024

Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration. If creators really wish to ensure the protection of their intellectual rights, they can gain enormous amount of knowledge by regularly studying the Indian copyright law techniques. What is Copyright?

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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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Art Artwork Copying Moral Rights 133

SpicyIP

OCTOBER 9, 2022

Such works qualify as ‘computer generated works’ under the Indian Copyright Act. Computer-generated works were included as a category of works in 1995, presumably at a time when AI was not making art. For such works, copyright law confers authorship to the “person who causes the work to be created”.

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Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. The evolution in the case law of the Second Circuit may constitute a game changer for documentary makers.

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The IPKat

FEBRUARY 17, 2022

Thaler then requested a reconsideration of the decision, arguing that the human authorship requirement would be contrary to the US Constitution and be unsupported by either statute or case law. Comment The decision appears appropriate, also in light of international law. Such a request was once again unsuccessful.

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Copyright Artistic Work Copyright Law Contracts 145

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. Second, Art.

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Artwork Public Domain Art Copyright 55

IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 102

SpicyIP

SEPTEMBER 3, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. The advertising industry has long moved from simply promotional material to producing a wide array of diverse media forms, opening new avenues for significant creativity and artistic talent.

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Advertising Advertising Copyright Branding 82

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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Copyright Infringement Artwork Copyright Registration 52

SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

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Copyright Artistic Work Copyright Law Music 49

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. The inventions of any startups are protected through the Copyright laws. Sourcebook on Intellectual Property Law, 1997.

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Intellectual Property Government Invention Branding 98

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 93

IP and Legal Filings

OCTOBER 19, 2022

The copyright work is mostly related to the digital asset that supported the issuing of the NFT. As a result, these works are safeguarded by the Copyright Act, which grants the author copyrights unless specifically prohibited by law. Image Source: Freepic]. 2537 (1994).

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Artwork Copying Contracts Copyright 71

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

Designs 52

Designs Design Copyright Artistic Work 52

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. On this basis, the USCO ruled that more than de minis of the work was determined and executed by technology and not by a human.

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Copyright Registration Artistic Work Artwork 108

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

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Intellectual Property Cease and Desist Copyright Law Music 52

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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IP Artwork Contracts Intellectual Property 52

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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Fair Use Copying Artistic Work Artwork 54

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. This blog post is based on the findings of a pilot empirical work conducted between January and March 2023 funded by the EPSRC Trusted Autonomous Systems Hub.

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Copyright Ownership Social Media Licensing 130

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. ” Where AI alone creates a work, this point seems clear.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

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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Litigation Artistic Work Branding Brands 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

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Ownership Contracts Confidentiality Copyright 52

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 1] ” In his second request for reconsideration, Thaler reiterated his arguments and suggested that public policy would support registering GenAI works. The case, Thaler v.

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Copyright Law Copyright Technology Registration 52

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.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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). In reaction, they invite for a Data Exclusivity law.

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Intellectual Property IP Government Invention 82

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

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. student at National Law University, Delhi. Subject work on which copyright registration was sought. Subject work on which copyright registration was sought.

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43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. The First Amendment has long coexisted with no-fault false advertising laws. There was also no copyright preemption. And there was no evidence of a chilling effect from allowing false advertising claims. citing Hustler v. Falwell and Mattel v. citing Rezec v.

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False Advertising Advertising Advertising Artistic Work 59

Kashishipr

AUGUST 17, 2022

Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. Copyright – Copyright safeguards the original creative and artistic works such as audio recordings, photographs, cinematographic films, art, text, videos, and other original creations.

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Social Media Intellectual Property Registration Branding 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Copyright Derivative Work Fair Use Copyright Law 52