Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. It addressed these questions as follows. Toriqul Islam 135

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Copyright Moral Rights Artwork Licensing 52

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

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IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i]

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IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S.

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TorrentFreak

JANUARY 5, 2023

A quote attributed to former UK Prime Minister Winston Churchill suggests that democracy is actually the worst form of government – except for all the others. The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members.

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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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IP Law 360

OCTOBER 7, 2022

A trio of attorneys who have experience both in BigLaw and the federal government will be arguing before the U.S. Supreme Court in a copyright dispute over whether Andy Warhol's artwork made fair use of a photo of music legend Prince.

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Artwork Copyright Fair Use Music 75

IPilogue

MARCH 18, 2022

It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freeing the Indigenous flag and making it available to everyone to use.

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IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration.

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TorrentFreak

AUGUST 3, 2024

Major rightsholders are constantly seeking tougher legislation, more effective anti-piracy tools, and enhanced cooperation with governments and other stakeholders. An operation carried out by the government’s Department of Special Investigation (DSI) this week shows how effective that can be.

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TorrentFreak

DECEMBER 24, 2021

Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks. Nintendo informed the Court that the platforms are commercial in nature since they generate income from advertising via “click-through” arrangements with third parties.

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Intepat

NOVEMBER 3, 2024

In India, the Copyright Act of 1957 provides the legal framework that governs these rights. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. Legal Ambiguities: The lack of a specific legal framework governing orphan works can lead to legal ambiguities.

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Copyright Moral Rights Ownership Publishing 52

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. To navigate this complex issue, it is essential to explore the current legal frameworks governing AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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IIPRD

OCTOBER 7, 2024

STARTUP ECOSYSTEM IN INDIA India has swiftly emerged as one of the world’s important startup systems, it is driven by the mixture of the most suitable government policies, the huge and the young peoples, growing the digital dispersions, and the developing culture for any entrepreneur.

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Intepat

DECEMBER 5, 2024

Copyright governs the rights of creators over their digital works, ensuring they are protected from unauthorized use. In one notable case, an NFT buyer of a famous digital artwork assumed they had purchased full copyright rights, only to find they could not legally reproduce or profit from the art without the creator’s consent.

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IIPRD

MARCH 5, 2025

One aspect regarding the laws that govern copyright is that in the United States alone the copyright is only given by law to works that are created by human beings. This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Copyright Office.

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IPilogue

SEPTEMBER 20, 2021

Creative works, such as artworks, qualify for copyright protection if they are original. Any decision the Canadian government makes regarding the copyright framework will not exist in a vacuum; it will be affected by developments in other jurisdictions. It is not surprising that human artists are granted such protections.

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Intellectual Property Artistic Work Copyright Artwork 111

IP and Legal Filings

FEBRUARY 16, 2025

In India, the Copyright Act, 1957 governs the registration and protection of creative works. manuscript, artwork, software code). Complete Guide to Copyright Registration in India Online : Protect Your Creative Work In todays digital era, copyright protection has become essential for creators across the world.

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IP Law 360

JANUARY 23, 2024

Copyright Office's refusal to register an AI-generated artwork has asked the D.C. Circuit to reverse a lower court's ruling upholding the government agency's decision, arguing the law "explicitly allows for non-human authors." An artificial intelligence inventor challenging the U.S.

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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. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. MOCI Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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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IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

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Business Artwork Intellectual Property Copyright Infringement 59

Erik K Pelton

DECEMBER 20, 2022

One example was the November release of the Her Loss album by artists Drake and 21 Savage which included a fake Vogue magazine cover as part of the album artwork, as well as a fake version of Vogue magazine. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands.

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IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices.

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Artwork Copying Contracts Copyright 90

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. This is exactly the case here.

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Artwork Public Domain Art Copyright 59

Kluwer Copyright Blog

JULY 24, 2024

Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators. By contrast, T2I Nightcafe simply prescribed that once the content was created and delivered to the user, the latter owned all the IP Rights.

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Copyright Ownership Social Media Licensing 135

Olartemoure Blog

APRIL 12, 2024

IT WASN’T UNTIL 1998 THAT MARIA ALTMANN, ADELE BLOCH-BAUER’S NIECE, INITIATED LEGAL PROCEEDINGS TO RECLAIM HER FAMILY’S STOLEN ARTWORK. Maria altmann took on a monumental legal battle against the austrian government With the assistance of attorney E. The case took them through various courts, including the U.S. .

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Traverse Legal Blog

APRIL 17, 2021

Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers. You’ll also get digital collectible album artwork. If you are a seller, what are your terms, what are you licensing regarding the artwork?

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Due Diligence Licensing Non-Fungible Tokens Copyright 113

Copyright Lately

MAY 6, 2022

.” Ok, ok, it’s actually not that simple, which means now I get to wake you up from your NyQuil-fueled fever dream and be the killjoy who reminds you that the metaverse isn’t some kind of self-governing Florida special district in which real world laws don’t apply.

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Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. This comprises: 1) Employing the © symbol on your artworks such as paintings, drawings, sculptures, etc. Industrial Design.

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Intellectual Property Design Designs Artwork 59

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.

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Moral Rights Artwork Fair Use Copyright 78

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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IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR). Both agreements are governed by the World Intellectual Property Organization.

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Intellectual Property IP Government Invention 96

IP and Legal Filings

JANUARY 23, 2023

NFTs are governed by smart contracts, which divide ownership and limit transferability. As a result, the Indian Copyright Act, 1957 grants the owner of the artwork or the licensee sole rights to discharge copyrights that have already accrued under the statute. iii] NFTs are limited to having a single owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Patent Trademark Blog

FEBRUARY 24, 2022

What if you want to register only a 2-dimensional graphic design or artwork? The same principle would apply to artwork or graphic designs shown on consumer goods. Confer with your patent attorney to explore the option of drawing the consumer good in broken lines and the artwork in solid lines.

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Design Patent Design Designs Graphic Design 52

43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

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IP Artwork Intellectual Property Licensing 63

Kluwer Copyright Blog

MARCH 10, 2025

While GPT4, which is a module behind ChatGPT, is designed in a way to avoid outputs similar to the training dataset, the Next Rembrandt project was designed to output artworks that are very similar in style to Rembrandt paintings on which it was trained. It will depend on how AI developers designed and trained the algorithm.

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Copying Fair Use Copyright Law Copyright 52