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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Ehrich Bros.’s 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. When the U.S.

Artwork 98
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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 111
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Creative Commons and NFTs – is CC licensing compatible with the new technologies?

Kluwer Copyright Blog

By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. That artwork itself is a copyrighted work and the NFT owner will only have rights to that copyrighted work if these have been specifically assigned or licensed to them as required by law.

Licensing 114
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Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

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. Copying-in-Fact. ” Independently (?), LEXIS 102287 (S.D.

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NFTs and Copyright: Some Burning Issues

Kluwer Copyright Blog

In this post, we briefly explore issues related to copyright infringement, intermediaries’ liability and remedies from the perspective of the general principles of copyright law (for previous analyses of NFTs and copyright on this blog, see here ). The distribution right includes the right to issue copies of the work to the public.

Copyright 135
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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98
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When Divorce Breaks Us Apart…and Takes Away My (Intellectual) Property

IPilogue

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.