Technology & Marketing Law Blog

MAY 4, 2022

“But Congress, not this Court, decided as a policy matter who should bear the burden of identifying infringement in the first instance.” The court summarizes: Plaintiff appears to dislike that Pinterest obtains revenue from advertisements on its platform, on which Plaintiff’s artwork also appears. Pinterest, Inc.

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Advertising Advertising Copyright Infringement Copyright 119

IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

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Music Non-Fungible Tokens Social Media IP 130

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. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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Blogging Law IP Fair Use 52

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

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.

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Art Copyright Ownership Non-Fungible Tokens 105

IPilogue

NOVEMBER 17, 2021

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Going Forward.

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Ownership Intellectual Property Artwork Copyright Law 102

IPilogue

SEPTEMBER 23, 2022

Recently, Shein is once again being sued for copyright infringement. District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. For more visit: [link].

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Registration Artistic Work Copyright Registering Trademarks 98

Kluwer Copyright Blog

JULY 24, 2024

If output works infringe copyright, who is responsible (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? In almost every model or service studied, the risk of copyright infringement in the output work was left, with some decisiveness, with the user. user, service)?

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Copyright Ownership Social Media Licensing 135

IIPRD

MARCH 5, 2025

This has to do with the application of copyright to works made through AI. Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Office.

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Copyright Intellectual Property Copyright Law Artwork 52

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

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.

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Copyright Art Registration Fair Use 145

Intepat

NOVEMBER 3, 2024

State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. The Madras High Court ruled in favour of the claimant, stating that the absence of a known author does not negate copyright protection. Recent Case Law on Pseudonymous and Anonymous Works S.

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Copyright Moral Rights Ownership Publishing 52

Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. The act is pursued to deceive or confuse consumers as to the origin of those goods.

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Intellectual Property IP Confidentiality Registering Trademarks 98

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. Two major obstacles can be recognized in this context.

Ownership 52

Ownership Copyright Law Copyright Law 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

IP and Legal Filings

SEPTEMBER 11, 2024

This includes thousands of books the complete Wikipedia and nearly a trillion words extracted from blogs social media and various online platforms. 7] One key concern lies in who holds the copyright for AI-generated works. India recently witnessed a landmark case involving AI and copyright law.

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Music Copyright Ownership Copyright Law 103

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.

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Copyright Copyright Law Fair Use Law 138

IP Tech Blog

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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Copyright Technology Artwork Blogging 62

Corsearch

AUGUST 24, 2023

Whether you’re looking to safeguard your established presence on Facebook or just want to prevent intellectual property infringement by third-party sellers and profiles, it’s critical to actively identify and remove counterfeits. In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion.

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Brands Branding Branding Copyright Infringement 52

SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. The registration has previously been stayed by the Copyright Board and an injunction is in operation, restricting the defendant from using the impugned label. Manju Singhal v.

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Registration Trademark Copyright IP 105

IPilogue

OCTOBER 3, 2022

Mr. Bereskin astutely noted that Plesner’s artwork would have been less popular if LV had abstained from legal action. Ultimately, Plesner won the case against LV and her rendition of the bag with the court upholding her right to freedom of expression over LV’s exclusive rights in the community design. Photo credits: [link] ).

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IP Artwork Trademark Designs 105

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.)

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Derivative Work Art Copying Fair Use 113

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This blog post speculates on the issues that may arise in that litigation and other similar cases.

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Litigation Copying Copyright Design 143

Corsearch

AUGUST 14, 2023

In this blog post, we share a step-by-step guide on how you can remove counterfeits from eBay manually. Alternatively, lookalikes and replica products omit trademarks from their design and packaging, and copyright, design rights, and patents can be utilized to combat these illicit products.

Brands 52

Brands Branding Branding Intellectual Property 52

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

Copyright 52

Copyright Technology Artwork Fair Use 52

LexBlog IP

DECEMBER 20, 2023

The plaintiff sued for copyright infringement in May 2023. Impact While the Chinese court’s reasoning is controversial, the outcome can be viewed, to some extent, as facilitating the enforcement of intellectual property rights and potentially deterring copyright infringement within China.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. The post NFTs: New Frontiers for Trademarks appeared first on Global IP & Technology Law Blog.

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Trademark Non-Fungible Tokens Branding Branding 62

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. For example, copyright law as it stands today may not sufficiently protect athletes or associations like the NBA from the unauthorized creation of NFTs. This essentially may create the opportunity for NFT creators to infringe “behind closed doors.”

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Corsearch

AUGUST 2, 2023

In this blog post, we share a step-by-step guide to removing counterfeits from Amazon manually. Lookalikes and replica products on the other hand will omit trademarks from their design and packaging; copyright, design rights, and patents can be used to enforce against these illegal products.

Brands 52

Brands Branding Branding Reporting 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

JANUARY 18, 2022

This blog presents an overview of what luxury fashion is doing with crypto technology in this feature, as well as what to expect as fashion moves forward into a tech-savvy future. Copyright infringement arises when reproduction right is infringed (i.e. What are NFTs?

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

TorrentFreak

NOVEMBER 20, 2023

As one of the leading niche blog platforms, Tumblr receives thousands of DMCA takedown requests every year. Many of these point to copyright-infringing material, but not all. The person behind the Tumblr blog “ Mapping La Sirena ” has spent countless hours and dedicated dozens of posts to the iconic Speed Freighter.

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Blogging Reporting Artwork Copyright 128

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.

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Copyright Copying Non-Fungible Tokens Copyright Law 135

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. Alternatively, authors can inform marketplaces of copyright infringement and request the removal of infringing content.

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Non-Fungible Tokens Art Due Diligence Social Media 124

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. Copyright Enforcement.

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IP Ownership Non-Fungible Tokens Copyright Law 109