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] ” [5] The latter has become known as the “public presentation” exception. .” VARA VARA was enacted in 1990 as an amendment to the U.S.

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Art Artwork Law Moral Rights 52

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. The second prong of the test requires a showing of “copying” and “unlawful appropriation.” Stability AI.

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Copying Artwork Ownership Copyright 52

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. Artwork based on such a notion presents challenges when attempting to establish ownership. This is the root of the problem.

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Intellectual Property Art Artwork Intellectual Property Law 52

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.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 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. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

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Copyright Intellectual Property Ownership Technology 98

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Art Plagiarism Artwork Graphic Design 55

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Art Plagiarism Artwork Graphic Design 52

Intepat

OCTOBER 28, 2024

However, this emerging digital marketplace presents intellectual property challenges that mirror—but also differ from—those found in the physical world. These assets can be anything from digital artwork and trading cards to in-game items, all of which are bought and sold using cryptocurrencies.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 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. This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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

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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Litigation Copying Copyright Designs 143

Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 91

SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Comparing the competing works the court held that the respondent’s work is a direct copy of the petitioner’s work and directed to remove the impugned work from the register.

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Registration Trademark Copyright IP 91

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.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. This is not only a future threat, it is already happening. What is an NFT?

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Ownership Art Artwork Non-Fungible Tokens 52

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork.

Copyright 52

Copyright Copying Artwork Art 52

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 105

Traverse Legal Blog

AUGUST 15, 2022

Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Intellectual Property Artwork 52

The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies.

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Art Copyright Editing Publishing 98

IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR). In reaction, they invite for a Data Exclusivity law.

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Intellectual Property IP Government Invention 87

Traverse Legal Blog

AUGUST 15, 2022

The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece. If there are only 10 digital copies of an in-game asset that can be purchased, that item is rare. NFT Technology.

Non-Fungible Tokens 40

Non-Fungible Tokens Ownership Artwork Technology 40

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Law Art Copyright Law 83

LexBlog IP

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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential. However, many of the tips can apply to both types of portfolio presentations. Only use high-quality images of your artwork.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation is essential. However, many of the tips can apply to both types of portfolio presentations. Only use high-quality images of your artwork.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

MAY 19, 2023

Therefore, even though Warhol’s efforts turned Goldsmith’s depiction of Prince as a vulnerable, uncomfortable person into presenting him as a larger than life icon, the majority found that this was not sufficient alone to make the work transformative and thereby support a finding of fair use. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Any initiative to educate the public by presenting them with the accurate and proper information may be applauded. Obtain legal ownership verification. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Traverse Legal Blog

OCTOBER 20, 2022

Can I copy and use a digital asset linked to an NFT? Fair use applies to any copyrighted intellectual property, that can include digital files (images, videos, artwork, documents, audio files, etc) linked from non fungible tokens. What if I ‘right click’ and save a NFT linked digital image? . Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The proposal for this new regulation was presented in April 2021.

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Copyright Copyright Law Fair Use Law 135

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. If the parties have so agreed, that presents a different situation and becomes a question of fact for the jury to decide.

Contracts 96

Contracts Law Artwork Copyright 96

CopyrightsWorld

JUNE 10, 2021

Physical copy matters too! If you’re showcasing a page or a website to a potential client, it has to present the best you’ve got. This would show that you can be creative and present a critique of your own work to pursue an ideal design. It’s from the same set of artwork for event promotion. Create one.

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Design Designs Art Business 98

43(B)log

AUGUST 22, 2022

1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] No legal command nor law of nature compelled Sony to include what, for present purposes, it concedes are false claims ….” Zimbalist, 38 P.2d 2d 170 (Cal.

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False Advertising Advertising Advertising Artistic Work 59

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 135

Fair Use Copyright Moral Rights Copyright Law 135

LexBlog IP

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. If the parties have so agreed, that presents a different situation and becomes a question of fact for the jury to decide.

Contracts 52

Contracts Artwork Law Ownership 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. artworks as TMs. Grimaldi are trending in that direction.] Banksy failed to register a bunch of his?

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Trademark Law Law Trademark Registration 75