IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

Olartemoure Blog

FEBRUARY 2, 2024

This decision provides legal certainty to the audiovisual industry in copyright infringement disputes in Colombia and the Andean Community. La entrada Incidental use of artworks se publicó primero en OlarteMoure | Intellectual Property.

Artwork 52

Artwork Intellectual Property Copyright Infringement IP 52

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Slater, 16-15469, popularly known as the Monkey selfie case.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The preferred form of regulation in the NFT sector is code rather than copyright law.

Artwork 98

Artwork Contracts Ownership IP 98

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low.

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. copyright law.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Cattelan appeared first on Technology & Marketing Law Blog.

Copyright 98

Copyright Artwork Copying Social Media 98

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

The IP Law Blog

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging 52

Blogging Registration Artwork Law 52

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 105

Kluwer Copyright Blog

MARCH 10, 2025

While GPT4, which is a module behind ChatGPT, is designed in a way to avoid outputs similar to the training dataset, the Next Rembrandt project was designed to output artworks that are very similar in style to Rembrandt paintings on which it was trained. It will depend on how AI developers designed and trained the algorithm.

Copying 52

Copying Fair Use Copyright Law Copyright 52

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. Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” 17 U.S.C. §

Registration 98

Registration Blogging Copyright Design 98

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Applicable IP rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

IPilogue

JUNE 13, 2022

Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

Non-Fungible Tokens 124

Non-Fungible Tokens Art Due Diligence Social Media 124

Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Copyrights protection for the artwork itself is also critical.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

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.). Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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. It is not surprising that human artists are granted such protections.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Registration Fair Use 145

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months.

Blogging 52

Blogging Law IP Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Dear Rich IP Blog

AUGUST 3, 2022

As to the second factor , the nature of the copyrighted work, courts generally consider photographs as creative works, unless, as might be the case with your photo, the photo is more documentary in nature and does not “showcase the original artistic expression of the photographer.” (See Architectural copyright. See DeFontbrune v.

Publishing 97

Publishing Fair Use Artwork Copyright 97

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] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.

Music 103

Music Copyright Ownership Copyright Law 103

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98

IPilogue

MARCH 18, 2022

Crown Copyright in Other Jurisdictions. Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. Section 176 of Australia’s Copyright Act, 1968 provides for Crown copyright for works created under the “direction or control” of the Crown.

Government 119

Government Copyright Ownership Copyright Law 119

IPilogue

JUNE 30, 2022

As stated above, Canadian copyright law also does not protect titles of works. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc. What about Canada? The Federal Court of Canada last addressed this issue in Drolet v.

Cinema 105

Cinema Artwork Trademark IP 105

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. Industrial Design.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

IP and Legal Filings

AUGUST 6, 2024

For writers, artists, musicians and other creators in India, knowing how to register their copyrights can be a valuable asset. This guide explores the process, benefits, and key points about copyright registration in India. What is Copyright?

Registration 111

Registration Copyright Intellectual Property Artistic Work 111

Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98