Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

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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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Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et. It cited its AI Registration Guidance, 88 Fed.

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IP and Legal Filings

SEPTEMBER 11, 2024

We must navigate this frontier responsibly, striking a balance between fostering innovation and protecting intellectual property rights, data privacy, and responsible use of this powerful technology. While AI music presents exciting creative possibilities, the legal and ethical landscape remains uncharted.

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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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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. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Traverse Legal Blog

APRIL 17, 2021

You’ll also get a limited edition NFT golden eye vinyl, so you’ll get the album itself as part of the sale. 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.

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LexBlog IP

APRIL 23, 2023

The growing use of AI in various creative fields has necessitated a clear legal framework to protect intellectual property rights. The human author’s contribution must be more than just trivial alterations or edits to the original work. Joint Authorship A.

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Kluwer Copyright Blog

JULY 24, 2024

Stable Diffusion adopted a commonly known open-source license, the CreativeML Open RAIL-M license , that allowed its users not just rights over their generated output artworks but also to deliver and work with the Stable Diffusion model itself. You can find the full report here.

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Kluwer Copyright Blog

JANUARY 10, 2022

This has come about following their use in connection with the transaction of different types of digital content (including artworks), often for exorbitant amounts. Intellectual Property Law in China, 2nd edition. YouTube Copyright Transparency Report: Overblocking is real by Paul Keller. by Christopher Heath. €

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IP and Legal Filings

SEPTEMBER 20, 2023

History Of Fashion Copyright During the 1800s the root idea for the intellectual property rights was entertained in the Paris Convention to muster up joint action among international jurisdiction. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws.

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Copyright Lately

MAY 6, 2022

What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? The same rule applies to digital artworks sold as NFTs. You want to make a buddy film about a Bored Ape and a CryptoPunk trying to get home in time for Thanksgiving?

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Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” That’s understandable since the answer can vary from state to state! The Purpose of a Model Release Form. When should you use a model release form?

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LexBlog IP

SEPTEMBER 15, 2022

But NFTs are separate and distinct from the digital items they are meant to authenticate, making it extremely difficult to assign title to the various intellectual property rights stemming from the sale of each NFT. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

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The IPKat

JULY 23, 2023

The second edition of the "Conférence luxembourgeoise sur la jurisprudence européenne en propriété intellectuelle (JEuPI)" will take place on 28 September 2023 in Luxemburg, hosted at the Chambre de Commerce du Luxembourg. The speakers include Tom Nener (Pinsent Masons), Kate O’Rourke (Mewburn Ellis) and Andrew Marsden (Wilson Gunn).

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LexBlog IP

APRIL 26, 2023

In addition, for at least some images, she used imaging editing software (Adobe Photoshop) to edit or enhance the images as produced by Midjourney. Kashtanova edited an image on page 12 of the Work depicting an old woman with her eyes closed: For the above image, Ms. For example, Ms. ” In addition, Ms.

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IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. What is the intellectual property right that most suits NFTs? If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.

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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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IP Tech Blog

JANUARY 22, 2024

Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. The Board also disagreed with Mr. Sahni’s comparison of RAGHAV to photo-editing software like Adobe’s Photoshop product. Citations omitted.)

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Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. From yard art to supplement drinks, there were a range of products to whet everyone's appetite in this week’s Dragons' Den episode!

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IPilogue

MARCH 1, 2022

This interview has been edited for brevity and clarity; all emphases are mine. Not asking someone if you can share their comic about depression before reposting it to your tens or hundreds of thousands of followers is irresponsible and can read as disrespectful of the time the illustrator put into the original artwork.”

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LexBlog IP

JANUARY 22, 2024

Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. The Board also disagreed with Mr. Sahni’s comparison of RAGHAV to photo-editing software like Adobe’s Photoshop product. Citations omitted.)

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LexBlog IP

DECEMBER 20, 2023

If the defendant appeals to the Beijing Intellectual Property Court, the trial court’s apparent misunderstanding of the idea/expression dichotomy seems ripe for challenge. a series of creative prompts and parameters that generative AI users feed into the AI system to facilitate an output based upon such inputs).

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LexBlog IP

APRIL 15, 2022

The current edition of the Negative List for Foreign Investment allows foreign direct investment in all sectors of the art industry except antiques-related businesses (i.e., Because galleries can acquire artwork directly from their represented artists, the risk of purchasing a forgery can be reduced to a minimal level.

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Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. A website can be seen as a collection of webpages comprising of a wide variety of information such as text, media files, sometimes even software.

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LexBlog IP

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et. It cited its AI Registration Guidance, 88 Fed.

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LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. What is the intellectual property right that most suits NFTs? If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.

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IP Whiteboard

JUNE 7, 2021

And what role does intellectual property ( IP ) play in their creation and sale? NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. But what are NFTs? We’re glad you asked. What are NFTs?

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LexBlog IP

APRIL 13, 2022

51] The plaintiffs also alleged that Dapper Labs created scarcity by selling Moments in limited edition packs and requiring all subsequent sales to take place on the NBA Top Shot platform. [52]. On March 21, 2022, Rothschild filed a new motion to dismiss, restating many of the arguments made in the February 9 motion. [36] 53]. * * *.

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IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

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Kluwer Copyright Blog

JANUARY 21, 2025

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

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