Artwork, Copying and Moral Rights - Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Garrone subsequently contacted Koons several times (in 1997, 2007 and 2009) in order to obtain a declaration of authenticity from him and thus sell the artwork. Subsequently, the sculpture was shipped to Italy and held at customs in Milan.

Artwork

Artwork Moral Rights Art Litigation

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

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

Copyright Artwork Moral Rights Non-Fungible Tokens

Using that classic piece of art on a book cover: Grr…

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

Art Artwork Copying Moral Rights

Artist Royalties: An exegesis of Resale rights in India

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. However, re-sale rights exist as an exception to this rule.

Artwork

Artwork Intellectual Property Journalism Moral Rights

Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

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

Moral Rights Artwork Fair Use Copyright

Fleshing out the copyright in a tattoo

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. Right: Photo courtesy of Katie Hagebols retrieved from [link]. What about moral rights?

Moral Rights

Moral Rights Copyright Artistic Work Artwork

What Protects The Intellectual Property Created By Artists Or Designers?

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. This means protecting significant rights to their original works. a collage, sculpture, photograph , or graphic work; 2.

Intellectual Property

Intellectual Property Designs Design Artwork

Generative AI and Copyright

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

Copyright Intellectual Property Ownership Technology

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Intellectual Property Ownership

What Protects The Intellectual Property Created By Artists Or Designers?

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. This means protecting significant rights to their original works. Design Rights. Creative Ideas into Profitable Assets: Intellectual property rights reward entrepreneurs and foster innovation.

Intellectual Property

Intellectual Property Designs Design Artwork

Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? It emerges that brands should pay for the use of street artworks. This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights.

Art

Art Copyright Moral Rights Cease and Desist

Analyzing relationship between Contemporary art and Intellectual Property Rights

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. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property

Intellectual Property Art Artwork Intellectual Property Law

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

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

Art Artwork Law Moral Rights

WIPIP Session 8 (copyright)

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. She doesn’t think those are the same.

Copyright

Copyright Moral Rights Artwork Art

Growth of Virtual Youtubers and IP Complications

IIPRD

JANUARY 29, 2023

Legal Pitfalls in Virtual World The character design used by a content creator can be designed by an artist, and rights can be transferred from the artist to the creator. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP

IP Artwork Contracts Intellectual Property

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

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.

Fair Use

Fair Use Copyright Moral Rights Copyright Law

Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Trending Sources

Using that classic piece of art on a book cover: Grr…

Artist Royalties: An exegesis of Resale rights in India

Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

Fleshing out the copyright in a tattoo

What Protects The Intellectual Property Created By Artists Or Designers?

Generative AI and Copyright

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

What Protects The Intellectual Property Created By Artists Or Designers?

Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

Analyzing relationship between Contemporary art and Intellectual Property Rights

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

WIPIP Session 8 (copyright)

Growth of Virtual Youtubers and IP Complications

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

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