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.”

False Advertising 83

False Advertising Advertising Advertising Copying 83

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.

Artwork 75

Artwork Art Plagiarism Copyright 75

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

Plagiarism Today

AUGUST 18, 2021

A Long History of Copying. However, it wasn’t the end of Epic Games’ issues with copying. Though Epic Games has long been heavy-handed with its copying in Fortnite , this story seems to have upset not just the developers and creators, but the gamers. Did they go too far when pulling from Among Us for Imposters?

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

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?

Copyright 116

Copyright Artwork Moral Rights Non-Fungible Tokens 116

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.

Public Domain 126

Public Domain Artwork Copyright Marketing 126

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

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

Plagiarism Today

SEPTEMBER 14, 2022

In short, AI artwork has emerged so quickly that there are significant practical, legal and ethical issues surrounding it and the battle lines on all three are being drawn as we speak. Proactive disclosure prevents people from feeling misled by the artwork. Set Reasonable Limits: Platforms need to set reasonable limits on uploads.

Art 349

Art Artwork Plagiarism Derivative Work 349

JD Supra Law

SEPTEMBER 23, 2024

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

Copyright 65

Copyright Artwork Copying 65

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

Plagiarism 208

Plagiarism Graphic Design Copying Artwork 208

Plagiarism Today

SEPTEMBER 26, 2022

First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

Settlement 173

Settlement Registration Artwork Art 173

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.:

Art 90

Art Artwork Television Copyright Infringement 90

Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

Music 208

Music Art Artwork Copying 208

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

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.

Copyright 80

Copyright Fair Use Social Media Artwork 80

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 97

Copyright Artwork Copying Social Media 97

LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. Plaintiffs alleged that Stability AI “copied and scraped” billions of images to train an AI tool called “Stable Diffusion.” Several U.S. Stability AI, Inc.,

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

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.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

The IPKat

AUGUST 23, 2023

Copyright Eleonora Rosati commented on the recent decision of the Italian Supreme Court in a case involving Jeff Koons and a copy of an artwork.

Confidentiality 52

Confidentiality Artwork Copying Copyright 52

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".

Art 133

Art Artwork Copying Moral Rights 133

Plagiarism Today

JULY 28, 2021

Finally today, Jakob Thorington at the Post Register reports that, in Idaho, an Ammon-based business has filed a lawsuit against the nearby town of Rexburg over alleged copyright infringement of its child-friendly artwork and scenery.

Copyright Infringement 246

Copyright Infringement Derivative Work Artwork Licensing 246

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.

Plagiarism 220

Plagiarism Registration Artwork Reporting 220

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.

Copying 86

Copying Artwork Publishing Copyright Infringement 86

Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

Intellectual Property Designs Design Artwork 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.

Copyright Law 105

Copyright Law Copyright Law Artwork 105

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.

Intellectual Property 111

Intellectual Property Artwork Social Media Copyright 111

The IP Law Blog

MAY 25, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. 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

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Branding Brands 52

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception.

Art 52

Art Artwork Law Moral Rights 52

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. 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.

Non-Fungible Tokens 124

Non-Fungible Tokens Art Due Diligence Social Media 124

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 73

Moral Rights Artwork Fair Use Copyright 73

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.

Artwork 226

Artwork Art Plagiarism Reporting 226

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Artwork based on such a notion presents challenges when attempting to establish ownership. And that’s the rub; this is the crux of the problem.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

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.

Artwork 139

Artwork Intellectual Property Copying Copyright 139

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.

Artwork 121

Artwork Branding Brands Branding 121

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.

Licensing 106

Licensing Technology Public Domain Non-Fungible Tokens 106