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.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

IP and Legal Filings

SEPTEMBER 11, 2024

This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties. 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]

Music 103

Music Copyright Ownership Copyright Law 103

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

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

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. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

Art 52

Art Artwork Intellectual Property Copyright Law 52

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.

Fair Use 106

Fair Use Copyright Law Copyright Law 106

Kluwer Copyright Blog

APRIL 21, 2025

In more and more segments of the creative industries, it disrupts the market for human literary and artistic works. Future generations of GenAI natives (born now and not knowing a world without GenAI) are likely to base their own literary and artistic expression on templates produced by the machine. Which works are covered?

52

52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 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

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

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. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

Intellectual Property 52

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.). Can NFTs Reflect Ownership License Rights or Other IP? If the NFT project then sells the NFT linked to a digital work to a NFT buyer, that NFT buyer would also be infringing.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52

IP Non-Fungible Tokens Artwork 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. The contract should detail the scope, duration, and limitations of the license.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

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.

Social Media 52

Social Media Intellectual Property Registration Brands 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. . …

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. Multiple pieces of copyright material may exist in a single digital work. Interested parties can view this chain to see an accurate history of the NFT.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

Trademark 59

Trademark Registration Copyright Patent Application 59

IP and Legal Filings

FEBRUARY 16, 2025

Legal Protection : Copyright registration grants you the legal right to prevent others from using, copying, or reproducing your work without permission. Monetary Benefits : Registered copyrights allow you to license or sell your work, providing a potential revenue stream. Musical Works : Compositions, songs, and music scores.

Registration 52

Registration Copyright Ownership Artistic Work 52

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.

Registration 124

Registration Art Copyright Artwork 124

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.

Artwork 59

Artwork Public Domain Art Copyright 59

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.

Registration 52

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. Rather, Warhol worked from a set of studio photographs by famed celebrity photographer Lynn Goldsmith. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134