Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? It can also cause a range of problems when it comes to determining who owns the rights to the artwork and how it can be used. While some might be tempted to consider the AI itself to be the author, the U.S.

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IP Tech Blog

JUNE 8, 2023

Under Rogers , use of another’s trademark in an expressive work might not pass muster if the challenged use has no relevance to the underlying work or where it expressly misleads as to the source or content of the work. cannot include. every parody or humorous commentary.”

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IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. Any literary work, text, music, videos, 3D paintings, images, software programs, avatar designs, art, or literature will get protection under copyright in the metaverse. that identifies a product or a service that is distinguishable by a common man.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? 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. Fair Use Precedent?

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LexBlog IP

JUNE 8, 2023

The Court gave several examples that would be permitted under Rogers , including the use of “Barbie Girl” as a song title, the use of a trademarked football uniform in artwork, and references to Louis Vuitton in a film. cannot include. every parody or humorous commentary.”

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IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. His NFT sales have reportedly surpassed $1.1

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LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. His NFT sales have reportedly surpassed $1.1

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IIPRD

FEBRUARY 25, 2022

This is because the storage of a digital version of creations does not designate the title of the creator per se, let alone its trading. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Tokenisation and Ownership of Digital Assets under NFTs.

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LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] by other innovators that also use NFTs to track title to physical goods held in a vault, such as fine art, whiskey, and wine.” [43].

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SpicyIP

MAY 18, 2022

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

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IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. UK Copyright, Designs, and Patents Act, 1988. Copyright Office. References U.S.

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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. We were not aware that the image may have been created by AI” 2.

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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., Secondly, para.

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Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm.

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Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office has held multiple events designed to look deeper into the crossover between copyright and AI, at the level of human input required for copyright protection; text and data mining; and the future of AI and copyright policy. Since then, the U.S. Following a failed attempt to register her graphic novel ( when the U.S.

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43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. But what is TM use? Kagan describes it as “designation of source.”

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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). In the aftermath of cases like Authors Guild v.

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43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? artworks as TMs. Could we do something similar in ornamentality?

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IIPRD

JANUARY 18, 2022

An NFT can create virtual fashion products as a designer and distinct as actual products, addressing the issue of digital clothing replication. It could be used by a fashion business to sell its own show footage or personalized backstage images. What are the possible positives and negatives of NFTs in the Fashion Industry?

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IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. Nike claims that the method adopted by StockX to use Nike’s famous marks such as the “swoosh” and the “jump man” logo constitutes, among other things, trademark infringement, false designation of origin, and trademark dilution.

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Patently-O

JUNE 8, 2023

.” Rather in this use-as-a-mark situation, standard principles of trademark law apply. The court offered the possibility (but did not decide) that a heightened situation could still apply in other situations such as use of another’s mark as artwork or for criticism, etc. 1125(c)(3)(A).

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LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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