Technology & Marketing Law Blog

AUGUST 2, 2023

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.

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The IPKat

APRIL 6, 2022

A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana , ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in that context.

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Copying Copyright Artwork Law 98

Plagiarism Today

NOVEMBER 2, 2022

Copyright Office has begun the process of revoking a copyright registration that was granted to the human author of a piece of artwork that was generated by artificial intelligence (AI). Lawyers representing Jackson say that the lawsuit is an attempt to deflect from the fact that they copied the lyrics in question.

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Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. The second limitation is masks. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool. DeviantArt failed at that task.

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Artwork Art Reporting Plagiarism 264

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

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Artistic Work Artwork Public Domain Intellectual Property 144

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. For example, in Gottlieb v. Conversely, in Ringgold v.

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Fair Use Copyright Artwork Social Media 110

The IPKat

FEBRUARY 4, 2025

Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The copying brand can be confident that their privately labelled brand will perform well with consumer attitudes.

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Copyright Infringement Artwork Copyright Designs 59

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

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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.”

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Artwork Non-Fungible Tokens Art Copying 52

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

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Art Artwork Copying Moral Rights 134

IP and Legal Filings

NOVEMBER 8, 2021

In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. Digital platforms have made it increasingly easy to disseminate unauthorized copies of art works that are copyright protected. Image Source: gettyimages]. IPR and contemporary art. McDonald’s Corp.:

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Art Artwork Television Copyright Infringement 98

Kluwer Copyright Blog

MARCH 10, 2025

If the AI learning process does not result in (non-incidental) copies of works used during AI training, then we do not need to discuss copyright exceptions, and we cannot talk about remuneration of right holders at all. some training datasets contain only hyperlinks to content stored online rather than copies of content).

Copying 52

Copying Fair Use Copyright Law Copyright 52

43(B)log

OCTOBER 11, 2022

It had a similar color scheme, page layout and website architecture, font type, and artwork and photographs to Boston Carriage’s. “Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.”

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False Advertising Advertising Advertising Copying 64

IP Law 360

JUNE 12, 2023

A Florida federal judge has given an artist who created a viral installation of a banana taped on a wall a quick win in a suit claiming he plagiarized another piece of fruit-themed artwork, finding that the features in the artwork are not close enough to classify it as a copy.

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Artwork Art Plagiarism Copyright 75

SpicyIP

APRIL 18, 2025

However, enforcing such a copyright gets tricky you could stop someone from copying the drawing itself , but could you stop them from making the functional object shown in the drawing? Some courts (and scholars) have suggested that making the object could infringe if its an indirect copy of the drawing, but this remains a nuanced debate.

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Designs Design Copyright Artistic Work 59

IPilogue

NOVEMBER 5, 2021

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.

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Intellectual Property Artwork Social Media Copyright 111

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.

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Artwork Contracts Ownership IP 98

TorrentFreak

JANUARY 9, 2023

The leak was met with excitement by gaming history fans, who discovered unused artwork and an early or alternative storyline. The repository is titled “ not-mk2 ” but instead of reposting the leak, it simply contains a copy of a Wikipedia entry, discussing complaints of gender discrimination and a toxic workplace at NetherRealm.

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Artwork Intellectual Property Copying Copyright 145

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. Copying-in-Fact. ” Independently (?),

Copyright 98

Copyright Artwork Copying Social Media 98

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. However, Bungie says the cheat is still available. Bungie says the defendants infringed its rights in multiple ways.

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Copyright Infringement Copyright Derivative Work Artwork 144

TorrentFreak

OCTOBER 27, 2022

Why Some Pirates Copy Other Pirates. Copy Movies and TV Shows, Copy Other Pirate Sites. Because if pirates are good at anything, it’s copying. That includes all of the artwork and movie information but crucially the videos too. Ctrl C / Ctrl V / Ctrl C / Ctrl V.

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TorrentFreak

JUNE 22, 2022

For example, the early artwork featured iconic depictions of Samuel L. The original artwork was labeled as copyright-infringing by Miramax so this change appears to be a direct response to this claim. It is worth noting that when the TarantinoNFTs.com first launched, it included several film-inspired elements.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. Copyright, in the simplest terms, is “ the right to copy.”

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Copyright Law Copyright Law Art 111

Indiana Intellectual Property Law

JUNE 1, 2023

In a 7-2 majority opinion authored by Justice Sotomayor, the court found that both Warhol’s artwork and Goldsmith’s original photograph served the same purpose of depicting Prince in magazine stories about him. The commercial nature of the copying further weighed against fair use.

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Fair Use Derivative Work Artwork Copyright Infringement 97

TorrentFreak

APRIL 26, 2024

Nintendo has a reputation for taking action against content featuring its characters and artwork so removing it now is the right thing to do. At this point, it’s worth highlighting something that all of these notices have in common: not a single one targets pirated copies of Nintendo games. “Honestly, this is fair enough.

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Artwork Brands Branding Branding 144

TorrentFreak

FEBRUARY 10, 2023

As shown in the image below, the image at the top right is the original tweet from the official @GenshinImpact account ( 1 ), and the two images at the bottom are the alleged copies ( 1 , 2 ) published by @merlin_impact. For example, the article published here reproduces both pieces of artwork in full but isn’t targeted in a subpoena.

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Copying Artwork Publishing Copyright Infringement 98

Kluwer Copyright Blog

OCTOBER 5, 2022

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.

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SpicyIP

APRIL 18, 2025

The case arose from Inoxs claim that Cryogas copied proprietary engineering drawings for cryogenic storage tanks (mounted on trailers for transporting liquid gases). If its the former, its a bona fide artistic work (copyright subsists unless and until perhaps 50+ copies are made and even then, some nuances apply). Inox India Ltd.

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Designs Design Artistic Work Copyright 59

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.

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Copyright Law Copyright Law Artwork 105

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT. Ether (USD 1+ million).

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Non-Fungible Tokens Contracts Copying Art 135

IIPRD

JANUARY 22, 2025

Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Most often, AI systems utilize huge databases to train their algorithms and yield some forms of creative or functional outputs. Such databases may include work that is copyrighted.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

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. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications.

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Fair Use Copyright Moral Rights Copyright Law 138

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Copyright Fair Use Social Media Artwork 89

JD Supra Law

SEPTEMBER 23, 2024

In the hearing on the appeal of the U.S.

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Copyright Artwork Copying 65

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.

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