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

Kluwer Copyright Blog

APRIL 29, 2024

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. Italian Courts followed suit putting forward creative judicial engineering of new forms of exclusivity on Italian cultural heritage artworks in the public domain.

Public Domain 126

Public Domain Artwork Copyright Marketing 126

LexBlog IP

MARCH 14, 2024

On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”). [1] The Murals at Vermont Law School The two murals at issue in Kerson v.

Art 52

Art Artwork Law Moral Rights 52

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. However, the ECJ has now rejected that complaint, saying that the law places clear limitations on the uses of such tools and that the law would have significant benefit for creators. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Music 198

Music Art Artwork Copying 198

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

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

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

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 (?), VINDICATED!!! Cattelan , 2023 U.S.

Copyright 98

Copyright Artwork Copying Social Media 98

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 94

Art Artwork Television Copyright Infringement 94

Plagiarism Today

SEPTEMBER 14, 2022

Whether that is true under the law has not been tested. 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.

Art 341

Art Artwork Plagiarism Derivative Work 341

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

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 197

Plagiarism Graphic Design Copying Artwork 197

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 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 79

Copyright Fair Use Social Media Artwork 79

IPilogue

NOVEMBER 5, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . 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? Photo by Kelly Sikkema ( Unsplash ).

Intellectual Property 111

Intellectual Property Artwork Social Media Copyright 111

JD Supra Law

SEPTEMBER 23, 2024

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

Copyright 63

Copyright Artwork Copying 63

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

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 96

Copying Artwork Publishing Copyright Infringement 96

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

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. A final appeal to the Italian Supreme Court followed.

Copyright Law 102

Copyright Law Copyright Law Artwork 102

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

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. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

Blogging 52

Blogging Law IP Fair Use 52

IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. This article was written as a requirement for Prof.

Non-Fungible Tokens 124

Non-Fungible Tokens Art Due Diligence Social Media 124

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. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. It’s important to understand that while copyright law allows you to protect your design, it does not cover the article’s utilitarian aspect. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Design Rights.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. 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. Bottom Line.

Copyright 242

Copyright Trademark Cease and Desist Copying 242

IP and Legal Filings

AUGUST 6, 2024

Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration. If creators really wish to ensure the protection of their intellectual rights, they can gain enormous amount of knowledge by regularly studying the Indian copyright law techniques. What is Copyright?

Registration 110

Registration Copyright Intellectual Property Artistic Work 110

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. 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. 17 U.S.C. § You get the idea.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

IP and Legal Filings

OCTOBER 19, 2022

As a result, these works are safeguarded by the Copyright Act, which grants the author copyrights unless specifically prohibited by law. Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. The copyright work is mostly related to the digital asset that supported the issuing of the NFT.

Artwork 75

Artwork Copying Contracts Copyright 75

TorrentFreak

JUNE 22, 2022

“Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write. That turns copyright law on its head,” the lawyers write.

Non-Fungible Tokens 137

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 137

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

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. In other parts of the notice, takedowns were requested under trademark law. No games piracy in sight, only alleged infringement in characters, artwork, and audiovisual works.

Artwork 134

Artwork Brands Branding Branding 134

The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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. To counter this issue laws are placed so that the original ideas can be protected.

Design 104

Design Designs Copyright Copyright Infringement 104

Kashishipr

SEPTEMBER 20, 2021

NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98