Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Copyrights protection for the artwork itself is also critical.

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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. ” Independently (?), VINDICATED!!! Case citation : Morford v.

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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. Registration was refused in August 2019, in line with previous US case law and guidance.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Kluwer Copyright Blog

APRIL 8, 2024

But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright. Litigation against these models has piled up at the same breakneck speed as they have gained ground. And at the core of this litigation lies a common claim: generative AI has a memory problem.

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Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The ensuing litigation unfolded in the Court of Rome, where it was determined that cultural heritage serves as an expression of national identity.

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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?

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Traverse Legal Blog

APRIL 6, 2021

You do all your original artwork, and so all of the different graphics and photographs displaying the different ceiling fans that you have on your website are copyright-owned by you and your company. You’re going to need a copyright law attorney to help you out. My name is Internet Law Attorney Enrico Shaefer.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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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. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

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LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. This case was not addressing AI directly but was determining the authorship of a selfie taken by a monkey.

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The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Other Posts Have a Break, Have a KitKat: The Chocolate or Chanachur? Manju Singhal v.

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IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4. Proposal 9.

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LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Copyright Technology Artwork Fair Use 52

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” b)(4)(i)(A) (2011).

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The IP Law Blog

MARCH 31, 2022

The court did acknowledge that the prototypes, artwork, proposed packaging and game instructions pitched by Wexler were novel, however, the Court pointed out that Hasbro did not develop any of the examples submitted by Wexler.

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IP Tech Blog

JUNE 2, 2023

The majority, however, rejected the idea that a famous artist enjoys a privilege under copyright law to make derivative works just because a judge or a jury might find that artist’s contributions to be meaningful or profound. While the dissent found support from precedent, taken to its logical conclusion, it made no sense.

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LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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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.

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LexBlog IP

JUNE 2, 2023

The majority, however, rejected the idea that a famous artist enjoys a privilege under copyright law to make derivative works just because a judge or a jury might find that artist’s contributions to be meaningful or profound. While the dissent found support from precedent, taken to its logical conclusion, it made no sense.

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SpicyIP

DECEMBER 17, 2023

Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation. Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? Sidhi is a final year B.A.

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Copyright Lately

OCTOBER 24, 2022

But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit. Before exploring the copyright considerations involved in creating and using AI-generated art, I need to briefly raise a couple of points that aren’t the main subject of this post. copyright law.

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Plagiarism Today

DECEMBER 8, 2022

The Mean One isn’t the far from the first raunchy parody of How the Grinch Stole Christmas and, if litigation does happen, it won’t be the first to end up in court. was accused of copying specific elements, including parts of some of the original artwork. Well, we don’t have too look far to find some direct comparisons. Bottom Line.

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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.

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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. You get the idea.

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Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Supreme Court will now determine whether Warhol violated copyright law.

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43(B)log

AUGUST 9, 2024

This wouldn’t be dispositive and anyway the harms will already have been caused in litigation. Campbell took a holistic conception of fair use justifications and emphasized the importance of fair use to provide breathing space; courts must consider all factors together and weigh them in light of the ends of copyright law.

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Patently-O

NOVEMBER 24, 2024

Stephen Thaler, creator of the ‘Creativity Machine’ AI system, sought copyright registration for an AI-generated image, listing the Creativity Machine as author. The Copyright Office rejected the application, citing the necessity of a human author under copyright law. The case is now pending before the D.C.

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The IPKat

OCTOBER 30, 2024

Recently, it was a German court that made this very point in the context of litigation surrounding the image of Leonardo's Vitruvian Man as used by puzzle maker Ravensburger (of course, without prior authorization).

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LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. It has also been applied to reform efforts by the Chief Justice of India’s Supreme Court. So, with that background, let’s turn to our own cleaning. ’ (Op.

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