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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IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

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Art Artwork Television Copyright Infringement 90

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 80

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 133

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.

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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.

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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.

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IIPRD

OCTOBER 7, 2024

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. Moreover, the IPR eases the market development and establishes a solid brand identity.

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IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. 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.

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Intellectual Property Art Artwork Intellectual Property Law 52

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. Nearly all the marketing focuses on using the new service rather than what it means for existing artists. DeviantArt failed at that task.

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TorrentFreak

OCTOBER 27, 2022

ACE says the ring it has just taken down focused on the Spanish-language market and attracted significant traffic using a familiar technique. 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.

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Brands Branding Branding Copying 126

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.

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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.

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IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. An NFT is viewed from the viewpoint that buying one grants the buyer a proprietary right to each and every copy or iteration of the underlying work.

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Artwork Copying Contracts Copyright 71

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

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Artwork Non-Fungible Tokens Artistic Work Brands 95

TorrentFreak

FEBRUARY 11, 2024

The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that. In this case, Boomer’s lawsuit makes his position clear; Get Muscles Simulator is a blatant copy of his copyrighted game. The defendant will have to satisfy the court that simply isn’t true.

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Copying Artwork Designs Design 87

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Fair Use Copyright Copying Technology 108

Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. Once your copyright has expired, anyone can use or copy your work. As a result, marketing has been done but on a limited budget.

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Blogging IP Artwork Artistic Work 40

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Let’s find out.

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Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Fair Use Licensing Copying Artwork 93

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. 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.

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Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

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The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. Conclusion.

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The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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Artwork Contracts Art False Advertising 80

Intepat

OCTOBER 28, 2024

These assets can be anything from digital artwork and trading cards to in-game items, all of which are bought and sold using cryptocurrencies. According to a source, the NFTs market in India will increase from $3.3 NFTs are unique digital tokens that represent ownership of specific digital assets.

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Non-Fungible Tokens Copyright Contracts Ownership 52

Traverse Legal Blog

APRIL 1, 2021

NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets. That signed painting is going to be worth a lot more than a print copy or an unsigned version of that painting. People will bid on an NFT, a non-fungible token, associated with a piece of digital artwork.

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Non-Fungible Tokens Artwork Contracts Due Diligence 98

43(B)log

MAY 2, 2023

The kit consisted of pictures of six pieces of Plaintiff’s art, biographical slides, and materials such as paint, paint brushes, and collage-style puzzle pieces “so that the students would have the necessary materials to create their own masterpieces in the form of mosaics and/or completely new artworks.” This didn't show market harm.

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Art Fair Use Marketing Marketing 59

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 100

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

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Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

JULY 11, 2024

Image Sources: Shutterstock] Definition and Scope Trademark Registration: A trademark that a business can put on the products that they offer in the market is a word, phrase, symbol or a design associated with the origin of the products. This includes all books, artworks, pieces of music, and other creations in any field or discipline.

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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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Copying Non-Fungible Tokens Contracts Copyright 126

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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LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

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Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

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Due Diligence Licensing Non-Fungible Tokens Copyright 113

Copyright Lately

JULY 10, 2022

Plaintiff Joe Morford claims that the copyright in his artwork (L) has been infringed by defendant Maurizio Cattelan. He sold three versions of the artwork for a total of nearly four hundred thousand dollars before enormous selfie-seeking monkeys crowds forced him to split early. Why the Court Got It Wrong. Copyrightability.

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