Art Law Journal

OCTOBER 29, 2021

Artist Borbay shares his approach for pricing artwork and reveals the secrets behind his popular contemporary art pricing chart. The post Pricing Artwork with Borbay’s Contemporary Art Pricing Chart appeared first on Art Business Journal.

Artwork 91

Artwork Art Journalism Business 91

JD Supra Law

JULY 11, 2022

Copyright Office over its refusal to register artwork created by his artificial intelligence software. . Technology is changing, but is copyright law keeping up? Stephen Thaler clearly believes it is not and has sued the U.S. By: Dorsey & Whitney LLP

Artwork 98

Artwork Copyright Copyright Law Technology 98

Art Law Journal

MARCH 9, 2021

Whether or not you manage to sell your artwork is driven not by the product, but what you do with the product. The post 8 Reasons Why You’re Not Successful Selling Artwork appeared first on Art Business Journal. Here are some of the most crucial factors.

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Artwork Journalism Art Business 97

Copyright Lately

NOVEMBER 14, 2021

Walken made international headlines last week when he painted over original Banksy artwork in the season finale of the BBC comedy-drama series “ The Outlaws ,” which is set in Banksy’s hometown of Bristol, England. The post Could Banksy Sue Christopher Walken Over Destroyed Artwork? The series will be available to U.S.

Artwork 115

Artwork Moral Rights Art Social Media 115

Art Law Journal

JUNE 2, 2022

After you’ve put the finishing touches on your masterpiece, figuring out how to market it with a compelling artwork title might be the last thing on your mind. Peruse these practical tips for how to choose an artwork title that is memorable and meaningful. . Think of an artwork title that resonates. You’re an artist! A portrait?

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Artwork Art Marketing Marketing 77

JD Supra Law

SEPTEMBER 11, 2023

Here at the TMCA, we have been covering an AI-related issue of particular interest to IP attorneys – the ongoing battle of Dr. Stephen Thaler to copyright artwork created by AI software. By: Dorsey & Whitney LLP

Artwork 61

Artwork Copyright Technology IP 61

JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. The ruling in Thaler v. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights and Director of the Office, and upheld the Copyright Office’s longstanding position that U.S.

Artwork 66

Artwork Registration Copyright Copyright Law 66

JD Supra Law

JUNE 10, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Bored Apes” are a specific line of NFTs depicting original characters based on – you guessed it – bored. By: Robinson+Cole Data Privacy + Security Insider

Artwork 101

Artwork Privacy Ownership Art 101

IP Law 360

FEBRUARY 26, 2024

The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

Artwork 40

Artwork Non-Fungible Tokens Trademark 40

Intellectual Property Brief

MARCH 28, 2022

Copyright Office Review Board denied copyright protection to an artwork created by an artificial neural system, finding that the work lacked the necessary human authorship to support a copyright claim.

Artwork 52

Artwork Copyright Art Blogging 52

Copyright Lately

OCTOBER 24, 2022

With tools like DALL·E 2 and Midjourney now able to produce unique, hyper-realistic images in a wide variety of different styles, the prospect of using these programs to create inexpensive set pieces and other artwork has suddenly become a viable option for all types of commercial productions.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Garrone subsequently contacted Koons several times (in 1997, 2007 and 2009) in order to obtain a declaration of authenticity from him and thus sell the artwork. Subsequently, the sculpture was shipped to Italy and held at customs in Milan.

Artwork 94

Artwork Moral Rights Art Litigation 94

IP Law 360

MARCH 23, 2023

Copyright Office's partial cancellation of artificial intelligence artist Kris Kashtanova's registration for an AI-assisted comic book, the artist has submitted a new application for a different artwork produced by AI tool Stable Diffusion using Kashtanova's own hand-drawn art and other input.

Artwork 52

Artwork Copyright Art Registration 52

Art Law Journal

JANUARY 13, 2021

The post Should I Negotiate the Price of My Artwork? What do you do when your quote or rates aren't accepted? Our negotiation strategies will help artists and creatives sort out a tricky financial agreement. appeared first on Art Business Journal.

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Artwork Journalism Art Business 75

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. The law of the copyrightability of AI-generated artwork is likely to continue to change, but the battle between new technology and old law will timelessly endure.

Artwork 98

Artwork Blogging Art Copyright 98

Above the Fold

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”). Thaler identified the author of the work as the “Creativity Machine.”

Artwork 52

Artwork Copyright Copyright Law Registration 52

Art Law Journal

OCTOBER 29, 2021

Striking the right chord when pricing artwork is tricky to maneuver, especially because overpricing your work versus undervaluing yourself as an artist seems like it’s a very fine line. Establishing Your Market for Pricing Artwork. Create Clarity When Pricing Artwork. Pricing Artwork to Increase Its Value. Borbay.com.

Artwork 52

Artwork Art Business Marketing 52

LexBlog IP

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

Artwork 52

Artwork Copyright Copyright Law Registration 52

Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. There are exceptions to this rule, for example, if the artwork is a work made for hire , or if the artist assigns copyright to the buyer, but otherwise, the artist controls the duplication.

Artwork 52

Artwork Non-Fungible Tokens Art Copying 52

IP Law 360

SEPTEMBER 19, 2024

A trio of D.C. Circuit judges appeared skeptical Thursday of arguments from an artificial intelligence inventor trying to copyright a painting by his AI system, questioning whether he is backing off his stance that his program created the art completely autonomously — the very reason the U.S. Copyright Office rejected his application.

Artwork 52

Artwork Copyright Inventor Art 52

LexBlog IP

DECEMBER 21, 2023

In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above.

Artwork 52

Artwork Derivative Work Copyright Editing 52

JD Supra Law

APRIL 24, 2024

In a high stakes trial for the tattoo industry, jurors were asked to decide whether a Kat Von D tattoo of Miles Davis infringed upon photographer Jeffrey B. Sedlik’s copyrighted photograph of the musician. A key aspect of the trial revolved around fair use and whether the tattoo was substantially similar to the copyrighted photograph.

Artwork 68

Artwork Fair Use Copyright 68

Art Law Journal

NOVEMBER 10, 2021

Many galleries allow buyers to pay for artwork in installments. Australian art lender Art Money even offers interest-free loans used exclusively to buy artworks. Our identities as creatives are interwoven into each and every piece of artwork. Put all the payment terms in writing and confirm with your buyer.

Artwork 52

Artwork Art Graphic Design Marketing 52

Hugh Stephens Blog

NOVEMBER 2, 2024

Allen (not protected by copyright) Last week I wrote about Stephen Thaler’s quixotic and determined approach to obtain copyright registration in the US for his AI generated artwork, “A Recent Entrance to Paradise”, created (he claims) exclusively by his AI “machine”, the so-called Creativity Machine.

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Copyright Artwork Registration 100

IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration.

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Copyright Artwork Registration Publishing 145

IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

Artwork 75

Artwork Art Government Trademark 75

LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Traditional artwork is valuable because it’s unique and exclusive, and NFTs attempt to impose this uniqueness onto digital works.

Artwork 40

Artwork Television Art Ownership 40

JD Supra Law

MARCH 28, 2022

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We We previously wrote about Mr. Thaler’s unsuccessful attempt to obtain a patent naming an AI machine as the inventor.)

Artwork 98

Artwork Copyright Inventor Patent 98

Copyright Lately

SEPTEMBER 29, 2024

I first wrote about this case back in March , when Atari filed a complaint accusing State Farm and its advertising partners of improperly appropriating artwork from Atari’s 1983 arcade game “Crystal Castles” for a 6-second online video advertisement. Conversely, in Ringgold v.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

JD Supra Law

NOVEMBER 10, 2022

AI-generated art isn’t perfect, but it’s become a viable option for license-free set decoration in motion pictures and other commercial productions. Here’s what you need to know. Originally published on Copyright Lately. By: Greenberg Glusker LLP

Artwork 52

Artwork Copyright Infringement Copyright Art 52

IP Law 360

OCTOBER 12, 2023

federal court's recent decision in Thaler v. Perlmutter casts serious doubts on the prospects for granting full copyright protections to the output of today's exponentially advancing artificial intelligence systems, but there are ways for applicants to prepare for hurdles, says Matthew Carey at Marshall Gerstein.

Artwork 40

Artwork Copyright 40

IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration.

Copyright 98

Copyright Artwork Registration Publishing 98

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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Copyright Artwork Registration Designs 145

IP Law 360

DECEMBER 11, 2023

Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

Artwork 122

Artwork Copyright Art 122

IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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Non-Fungible Tokens Artwork Designs Design 104

JD Supra Law

DECEMBER 7, 2023

The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November 2023.

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Artwork Copyright 77