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

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 89

Copyright Intellectual Property Ownership Technology 89

Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. This case involves Morford’s 2001 artwork named “Banana and Orange.” Copying-in-Fact. ” Why?

Copyright 92

Copyright Artwork Copying Social Media 92

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. The reproduction right.

Copyright 131

Copyright Copying Non-Fungible Tokens Copyright Law 131

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. Copyright, in the simplest terms, is “ the right to copy.”

Copyright Law 111

Copyright Law Copyright Law Art 111

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

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. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI-related copyright cases.

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. Copyright protection over tattoos has been a hot topic for some time.

Copyright Law 106

Copyright Law Copyright Law Artwork 106

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. What Is Copyright? They must not be used by anyone other than the artist himself.

Designs 93

Designs Design Copyright Copyright Infringement 93

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

IIPRD

MARCH 1, 2023

Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

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. The court refused to dismiss copyright claims (plaintiff amended its complaint when it had registered its copyright, which was timely and ok).

False Advertising 82

False Advertising Advertising Advertising Copying 82

The IPKat

NOVEMBER 1, 2022

The headline --“City of Vernon transfers copyright to legendary Ogopogo to B.C. Surely no “author” had created the Ogopogo, supposedly a green, serpent-like creature that creates harmonic ripples as it swims, so no one could claim copyright. So, what did Seabrook register under copyright? And the database only goes back to 1991.

Copyright 125

Copyright Artwork Due Diligence Publishing 125

Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. 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

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Let me know via Twitter @plagiarismtoday.

Music 208

Music Art Artwork Copying 208

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

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. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

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.

Artwork 40

Artwork Television Art Ownership 40

Plagiarism Today

AUGUST 18, 2021

A Long History of Copying. Most notably, that included the PUBG Corporation, which filed a lawsuit against Epic Games in May 2018 for alleged copyright infringement. However, it wasn’t the end of Epic Games’ issues with copying. Did they go too far when pulling from Among Us for Imposters? billion for Epic Games.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

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 Intellectual Property 144

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Plagiarism Today

JULY 28, 2021

1: Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement. The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools.

Copyright Infringement 246

Copyright Infringement Derivative Work Artwork Licensing 246

Plagiarism Today

NOVEMBER 2, 2022

Copyright Office Backtracks on Registration of Partially AI-Generated Work. 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). Let me know via Twitter @plagiarismtoday.

Plagiarism 220

Plagiarism Registration Artwork Reporting 220

TorrentFreak

JULY 1, 2022

NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. NFT Copyright Battle. For example, the early artwork on TarantinoNFTs.com featured iconic depictions of Samuel L.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Artwork Copyright Infringement 92

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

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 207

Plagiarism Graphic Design Copying Artwork 207

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

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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 112

Intellectual Property Artwork Social Media Copyright 112

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. NFT Copyright Licensing. Copyright Licensing, Digital Art and NFTs. You’ll also get digital collectible album artwork. Let’s talk about it. It is the wild west.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Kluwer Copyright Blog

OCTOBER 5, 2022

Most of you may well be familiar with the concept of Creative Commons licensing, but to reiterate, Creative Commons (CC) is a not-for-profit copyright licensing organisation. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork.

Licensing 107

Licensing Technology Public Domain Non-Fungible Tokens 107

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 79

Art Artwork Television Copyright Infringement 79

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

The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

Moral Rights 73

Moral Rights Artwork Fair Use Copyright 73

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59