Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. The artwork was observable and in focus for the majority of the ad, which increased its qualitative significance.

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The IPKat

FEBRUARY 3, 2023

The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Picture of the cat courtesy by Arianna Antonelli.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The definition of these terms is unclear. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021.

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The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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JD Supra Law

AUGUST 30, 2023

Perlmutter, 22-cv-01564-BAH, definitively ruled that AI cannot be an author of a copyright under the U.S. Copyright Office’s repeated refusal to register artwork generated by his AI machine. On August 18, 2023, a federal District Court in the District of Columbia in Thaler v. By: Ingram Yuzek Gainen Carroll & Bertolotti, LLP

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LexBlog IP

DECEMBER 21, 2023

In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. As these opinions are rendered, we hope a line will solidify definitively showing what is protectable. This opinion stands as another warning to those creating works with generative artificial intelligence. 1] See id.

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IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. Although the definitions of property under the Civil Code do not directly mention the digital representation of assets, it is likely that a token constitutes a property right.

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SpicyIP

APRIL 18, 2025

The court (Justice Gautam Patel) reasoned that Section 15(2) only talks about designs, not artistic works and the Designs Act explicitly excludes artistic works from the definition of design. In that scenario, Section 15(2) wouldnt kick in because it only strips copyright from works that qualify as designs. Supreme Court in Star Athletica v.

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Intepat

SEPTEMBER 15, 2023

AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. While the case did not definitively resolve the issue of whether non-human animals can own copyright, it prompted discussions about the intersection of copyright law, animal rights, and technology.

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IPilogue

JULY 18, 2022

The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself. The purpose of the artwork was to call attention to the power hierarchy and elitism in the art world. Artists, however, have long been engaging in deliberate and publicized copying as a form of artistic expression.

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SpicyIP

APRIL 18, 2025

By contrast, if an artists painting or sculpture is later used as a model for reproductions, courts have noted that the original artworks copyright continues for the full term (the Designs Act itself excludes paintings, sculptures, drawings etc. from its definition of design).

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Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022.

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IPilogue

MARCH 18, 2022

In 1967, the Governor and the Reserve Bank paid $1000 AUD to Mr. David Malangi for using his original artwork on the Australian dollar bill circulated in 1966. Australia’s approach to this copyright dispute may not have been unprecedented, but it is definitely distinct. Looking Ahead.

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Traverse Legal Blog

APRIL 17, 2021

You’ll also get digital collectible album artwork. You will provide the NFT attached to your private key to Kings of Leon to receive your artwork, your album, and your digital download link. If you are a seller, what are your terms, what are you licensing regarding the artwork? That’s not a lot of information.

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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. Texteam Blackburn Limited and Another [3] the High Court of Justice looked at the definition of drawing.

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IP and Legal Filings

AUGUST 4, 2022

We also need to address the weakening connection between the territorial aspect of GI and its integrity, as the definition’s aspect has widened from a strictly territorial notion in the Lisbon Agreement to a broader definition under the TRIPS Agreement.

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LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. ” Thereafter, Thaler filed a complaint in the D.C.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT. a wallet).

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IIPRD

JANUARY 7, 2025

9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.

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Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. Definitely. In section (i) of the terms, Yuga seems to be saying that when you buy a Bored Ape, you own the NFT (the token) and the digital artwork that’s associated with the NFT. What you can’t do is make your own “Dune” movie. The Bottom Line.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 9] This definition particularly does not specify whether this person is a natural or a legal person.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Some critics argued that this decision failed to definitively establish whether there exists a singular parody exception encompassing related terms such as pastiche and caricature or if Article 5(3)(k) of the InfoSoc Directive prescribes three distinct exceptions. This complexity rendered these concepts open-textured and context-dependent.

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IP and Legal Filings

SEPTEMBER 11, 2024

While there isn’t a universally accepted definition of AI different scientists have offered their own interpretations. In a first-of-its-kind ruling, the AI painting tool “RAGHAV [10] ” was initially recognized as a co-author for the artwork “Suryast,” alongside its human creator, Ankit Sahni.

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Copyright Lately

JANUARY 23, 2023

Sure, there’s a definition included in the 1976 Copyright Act itself, but barrels of ink have been spilled by copyright lawyers, scholars and judges trying to make sense of what it actually means. The Copyright Act Definition is Broad, But. You’d be wrong. 17 U.S.C. §

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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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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. Some of the confusion surrounding the lawsuit stems from a basic misunderstanding of what NFTs actually represent. The NFT isn’t the image. Publication vs. Merchandise?

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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.

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The TTABlog

MAY 10, 2023

Matter that does not serve to indicate the source or origin of the identified goods and distinguish them from others does not meet the statutory definition of a trademark. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. In re GFactor Enterprises, LLC d/b/a Gfactor Films , Serial No.

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IP and Legal Filings

OCTOBER 18, 2022

The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible.

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LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] What Is a Security?

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IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

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IPilogue

MARCH 1, 2022

I would tell other small businesses that if you are serious about your brand and business, definitely look into protecting what’s yours. It definitely got my accounts where they are today. Also, it’s important to have [a] LLC [limited liability company] to start the process of a trademark. What about with larger brands (i.e.,

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43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

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Copyright Lately

APRIL 23, 2021

AWH asserts that such a rigid definition of transformation can’t be squared with the facts or holding of Google , in which the defendant “copied” the plaintiff’s software code “precisely,” and did so for “the same reason” that the plaintiff wrote it.

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IP and Legal Filings

MAY 24, 2024

This judgement of LG Frankfurt, though might not be considered ‘landmark’, is definitely worth a mention for it necessarily outlined the desideratum of striking a right balance between these two discordant rights.

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The IP Law Blog

JANUARY 12, 2023

Whether it is a website designer hired to redesign a company website, a software developer hired to work on a company’s app, a graphic artist hired to create a new logo or artwork, or a copyrighter hired to write content, we have seen countless instances of these types of vendors taking shortcuts and “borrowing” assets from existing sources.

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LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

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