Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. s advertisement for hats, copying Sarony’s Oscar Wilde No. 18 (see image at right). Ehrich Bros.’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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IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. 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. Goldsmith (2023) [2].

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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.

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IPilogue

MARCH 2, 2023

Cynthia Zhang is a 3L JD Candidate at Osgoode Hall Law School. This is a far cry from the revenues earned on the WWE 2K games, which have sold hundreds of thousands of copies each. This development has led legal commentators to observe that, unfortunately, the copyright law surrounding celebrity tattoos remains unclear.

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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).

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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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The IPKat

FEBRUARY 4, 2025

This Kat is pleased to host the following guest contribution from Katfriend Lilliana Swainson (student in the Faculty of Law, Bond University) to provide a summary of the recent Australian case on the subject of copycat products, Hampton Holdings IP Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452.

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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.

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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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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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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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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 ).

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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 communication to the public right. The reproduction right.

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IIPRD

MARCH 5, 2025

Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

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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.

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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. An ACPA claim also survived, as did some state law claims (not state TM claims requiring state registration based on conduct before that registration occurred, which was in 2018).

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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.

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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.

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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.

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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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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.

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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.

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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.),

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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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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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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.

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Intepat

DECEMBER 5, 2024

In one notable case, an NFT buyer of a famous digital artwork assumed they had purchased full copyright rights, only to find they could not legally reproduce or profit from the art without the creator’s consent. Jurisdictional conflicts arise, as copyright laws differ significantly across countries.

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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.

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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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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.

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IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork.

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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.

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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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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.

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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.

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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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