Dear Rich IP Blog

AUGUST 3, 2022

As to the second factor , the nature of the copyrighted work, courts generally consider photographs as creative works, unless, as might be the case with your photo, the photo is more documentary in nature and does not “showcase the original artistic expression of the photographer.” (See Architectural copyright. See DeFontbrune v.

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Publishing Fair Use Artwork Copyright 97

Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. Industrial Design.

Intellectual Property 59

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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

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 76

Moral Rights Artwork Fair Use Copyright 76

Traverse Legal Blog

APRIL 6, 2021

If you face an Internet law issue, cyber law complaint, website, or e-commerce issue, we have an Internet lawyer ready to help. There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation. You’re going to need a copyright law attorney to help you out.

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Copyright Infringement Artwork Copyright Law Business 75

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

SpicyIP

SEPTEMBER 9, 2023

Allen] wanted the piece to appear,” a description of “how colors [should be] used,” a description “to further define the composition,” “terms about what style/era the artwork should depict,” and “a writing technique that Mr. Allen has established from extensive testing” that would make the image “pop.”

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The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. After looking at all known IP assets, look into what may be unknown.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. The following types of original artistic work are protected by copyright.

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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.

Artwork 82

Artwork Contracts Art False Advertising 82

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Image source: iStock].

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply. Second, Art.

Artwork 59

Artwork Public Domain Art Copyright 59

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. ” One potential way (though not the only way) to do this is by looking to the Copyright Act for guidance. This is, after all, supposed to be a copyright case.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. ChatGPT is a chatbot, i.e. a computer program that simulates human conversation, by means of AI and natural language processing.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

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.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. .”

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JANUARY 31, 2023

Protection of AI-Generated Content Content that is wholly created by AI is not copyrightable or patentable. Copyright law requires the authoring of a creative work that is fixed in a tangible medium. In the end, nobody owned the copyrights on the photographs—not even the monkeys. ” (Emphasis ours).

IP 52

IP Copyright Law Copyright Artwork 52

LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The tech-friendly court strongly emphasized that this decision aligns with the legislative purpose of China’s copyright law.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

The court held that out of all the photographs appropriated by Prince, 25 of them fell into the exception of fair use under the copyright law as the artworks made by Prince had different expressions and meanings from the original photographs of Cairou and copyright protection is granted only to expressions of ideas and not to the ideas.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1”

False Advertising 72

False Advertising Ownership Registration Designs 72

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. 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.

Contracts 96

Contracts Law Artwork Copyright 96

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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.” The post U.S.

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Registration Blogging Copyright Designs 98

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. You might assume that the concept of a “derivative work” under copyright law would be simple to define. You’d be wrong.

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Derivative Work Art Copying Fair Use 111

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. After looking at all known IP assets, look into what may be unknown.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

AUGUST 9, 2024

Here the tool is the “public benefit” subfactor of fair use, aimed at balancing public benefits with market harms. 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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Fair Use Marketing Marketing Licensing 59

Traverse Legal Blog

OCTOBER 20, 2022

Portion of copyrighted work used: How much of the protected work was used and how substantial was it? Effect on market value: Has the use of the intellectual property affected its market value? Before any type of fair use determination can be made, there must be a colorable claim of copyright infringement.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. ‘AI Dabur India Limited vs Mi Lifestyle Marketing Global Pvt.

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IP Trademark Advertising Advertising 59