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. As the Seventh Circuit held , “a copyright is not transferred automatically with the transfer of the copyrighted good [thus] when you buy a book, you don’t obtain the right to make and sell copies of it.”

Artwork 52

Artwork Non-Fungible Tokens Art Copying 52

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. ” Based on his reserved screenplay publication rights, there’s no question that Tarantino is permitted to sell copies of the “Pulp Fiction” screenplay. .”

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

IPilogue

MARCH 2, 2023

This is a far cry from the revenues earned on the WWE 2K games, which have sold hundreds of thousands of copies each. Tattoo artists currently benefit greatly from lax copyright enforcement – popular subject matter for tattoos includes famous artworks, celebrity portraits, and quotes from books and movies.

Copyright Law 105

Copyright Law Copyright Law Artwork 105

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book.

Art 57

Art Copyright Moral Rights Cease and Desist 57

The IPKat

MARCH 13, 2022

Further to an appeal, in 2017 the Court of Appeal of Milan partly sided with the artist’s estate, but found that the unauthorized reproduction of the artist’s works in the context of the project and the book would not be unlawful. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. The Bottom Line.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Litigation Copying Copyright Design 143

IP and Legal Filings

AUGUST 6, 2024

All the details regarding proof of creative efforts in writing, musical or cinematographic books, novels, poems, dramas, lectures, news-papers and similar registered periodicals are provided to give detailed information to go about the procedure. Copies of the Work: A copy or samples of what should be registered.

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Registration Copyright Intellectual Property Artistic Work 111

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Fair Use Copyright Copying Technology 109

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 87

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images.

Derivative Work 107

Derivative Work Art Copying Fair Use 107

Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 91

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Technology & Marketing Law Blog

MAY 30, 2022

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

Blogging Social Media Television Fair Use 111

IP and Legal Filings

JULY 11, 2024

This includes all books, artworks, pieces of music, and other creations in any field or discipline. When a work is registered it grants the owner the sole right over the work in that he or she can copy the work, distribute it, perform it, display it or produce a new work from the original work.

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Registration Trademark Copyright Intellectual Property 105

Dear Rich IP Blog

JANUARY 16, 2024

However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects. When Salinger later learned that an author was planning to reproduce portions of the letters in a book, he registered the unpublished letters, sued, and won a judgment preventing the book's release.

Ownership 59

Ownership Fair Use Artwork Copyright 59

LexBlog IP

JULY 13, 2021

Because NFTs are often digital artworks, it helps to think in terms of art. An NFT can represent anything in digital form, from visual artworks to music, multimedia, e-books and even digital trading cards. Similarly, one Bitcoin is interchangeable with another. The Mona Lisa is non-fungible.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

43(B)log

FEBRUARY 19, 2022

C’s first subject matter—maps, charts, and books—may help us think about what facts are (as distinguished from works?). President Ford couldn’t prevent others from copying bare historical facts. Henry George: an economist, 1878 book, Progress and Poverty. Q: Why are photos rejected less than artwork? 1) Baker v.

Copyright 59

Copyright Moral Rights Artwork Art 59

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 55

Art Plagiarism Artwork Graphic Design 55

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Art Plagiarism Artwork Graphic Design 52

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. The corporation also steps in cases of violation of the IP of the VTuber. [8]

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. The purpose of intellectual property law is to provide a legal framework to protect these creations from being copied or stolen. Copyrights: A copyright protects original works of authorship, such as books, movies, songs, and software coding.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

CopyrightsWorld

JUNE 10, 2021

Physical copy matters too! It’s from the same set of artwork for event promotion. If you’re an illustrator, show your design on a book cover or on an Instagram post. Only looking at the desktop version is a big mistake. Also, nothing beats the authority you show when linking to your website instead of a Behance page.

Design 98

Design Designs Art Business 98

43(B)log

AUGUST 22, 2022

1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] Buena Vista Books, Inc. 4th 1220 (1999) (holding that “even promotional materials on book cover reflecting false claims of book could be commercial speech”).

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Corsearch

AUGUST 24, 2023

Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand. If someone uses your mark without authorization, it constitutes trademark infringement.

Branding 52

Branding Brands Branding Copyright Infringement 52

LexBlog IP

MAY 19, 2023

So, something that might otherwise be infringing — the reproduction of portions of a book for educational or criticism purposes — is determined to be beneficial and not considered infringement. Fair use actually permits the unlicensed use of copyright-protected works in certain circumstances.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Corsearch

AUGUST 14, 2023

Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand. Copyright infringement Copyrights are granted to authors and creators of written and multimedia works, such as books, movies, music, photographs, video games, and artwork.

Branding 52

Branding Brands Branding Intellectual Property 52

Kluwer Copyright Blog

AUGUST 7, 2023

An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation. A film based on a book serves as an example. Thus, Warhol possessed rights over the creative contributions he made, but so did Goldsmith, as her creation served as the foundation for the final artwork.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

43(B)log

AUGUST 9, 2024

Writing ad copy, which authors need to sell their works. Not just books; ScriptBook for scriptwriting can evaluate potential in script—character likeability, whether there’s a big enough audience, etc. Google); online posting of gov’t edicts (ASTM); print disabled access to books (HathiTrust).

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Corsearch

AUGUST 2, 2023

Counterfeiting is one type of trademark infringement, where individuals or businesses use exact copies of registered trademarks to mislead customers and pass them off as your brand. Copyright Copyrights are granted to authors and creators of written and multimedia works such as books, movies, music, photographs, videogames, and artwork.

Branding 52

Branding Brands Branding Reporting 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. artworks as TMs. DC/Marvel own a joint registration for SUPERHEROES for comic books/entertainment/apparel/toys.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Kluwer Copyright Blog

FEBRUARY 28, 2024

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. In this regard, an important precedent lies in the history of US litigation involving Google Books. Such uses, they argue, constitute copyright infringement.

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Fair Use Copyright Moral Rights Copyright Law 135

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

Copyright 131

Copyright Copying Non-Fungible Tokens Copyright Law 131

The IPKat

NOVEMBER 1, 2022

He found 17 entries related to a range of products from books to wine, chocolates, suntan products, clothing, and soft drinks. There were 18 registered copyrighted works related to the Ogopogo, including books, posters, artwork, videos (in some cases, supposedly of the creature itself) and dramatic works.

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Copyright Artwork Due Diligence Publishing 127