IPilogue

OCTOBER 3, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On August 31, 2022, IP Osgoode held its first in-person event in over 2 years and the first instalment of the IP Osgoode Speaks series since 2020. Priortizing IP Rights over Freedom of Expression.

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IPilogue

MARCH 17, 2023

million for legislation protecting indigenous intellectual property (IP). Other indigenous artists have also spoken about instances where their culture and IP have been appropriated for profit. This kind of uncertainty in the law has led to many indigenous artists asking for greater legal support for IP.

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Olartemoure Blog

FEBRUARY 2, 2024

The Andean Tribunal of Justice, through prejudicial rulling 135-IP-2020, has established a determinant factor to differentiate between the public communication of a pictorial work in an audiovisual work and its incidental use. La entrada Incidental use of artworks se publicó primero en OlarteMoure | Intellectual Property.

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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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The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

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The IPKat

FEBRUARY 4, 2025

This Kat is pleased to host the following guest contribution from Katfriend Lilliana Swainson (student in the Faculty of Law, Bond University) to provide a summary of the recent Australian case on the subject of copycat products, Hampton Holdings IP Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452.

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IP and Legal Filings

NOVEMBER 8, 2021

In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. Therefore, there needs to be strong IP enforcement across technological platforms to ensure that artworks are not stolen, or duplicated without the original artist’s permission. McDonald’s Corp.:

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The IP Law Blog

SEPTEMBER 16, 2021

After the 2015 transaction between the team and the league closed, the team was sued by a third party who claimed that the Gull logo infringed his artwork entitled “San Diego Gulls”. Another point is, when drafting the scope of intellectual property being acquired, be sure to be as inclusive as possible.

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The IPKat

NOVEMBER 14, 2021

Come with this Kat for a stroll around this week’s posts from IP blogs. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?)

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The IP Law Blog

MARCH 10, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence. Watch this episode on the Weintraub YouTube channel, here.

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The IPKat

NOVEMBER 22, 2022

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? by Mercedes Morán Ruiz This question, among other issues, will have to be resolved by a Spanish court in an unprecedented dispute in this country.

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The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

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The IPKat

DECEMBER 16, 2021

It’s December and time for what is now an annual ritual for this Africa Correspondent – The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

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LexBlog IP

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

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Copyright Lately

SEPTEMBER 29, 2024

I first wrote about this case back in March , when Atari filed a complaint accusing State Farm and its advertising partners of improperly appropriating artwork from Atari’s 1983 arcade game “Crystal Castles” for a 6-second online video advertisement. Conversely, in Ringgold v.

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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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IP Law 360

MARCH 23, 2023

Copyright Office's partial cancellation of artificial intelligence artist Kris Kashtanova's registration for an AI-assisted comic book, the artist has submitted a new application for a different artwork produced by AI tool Stable Diffusion using Kashtanova's own hand-drawn art and other input.

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Kluwer Copyright Blog

JUNE 20, 2023

Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime. Firstly, the applicability of the resale right would appear evident at first glance given that an NFT is designed to generate a digital original of an artwork.

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IP Watchdog

JANUARY 16, 2023

District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S.

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Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. There are exceptions to this rule, for example, if the artwork is a work made for hire , or if the artist assigns copyright to the buyer, but otherwise, the artist controls the duplication.

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IP Law 360

DECEMBER 11, 2023

Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

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IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

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IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

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Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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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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IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

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IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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IP Law 360

MARCH 14, 2023

Supreme Court case over Andy Warhol's artwork. A tattoo artist locked in an intellectual property battle with the maker of the NBA 2K video game series over computer-rendered tattoos told an Ohio federal judge that a trial doesn't need to wait for a decision in a U.S.

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IP Law 360

AUGUST 12, 2022

Supreme Court should establish a clear standard for fair use in a copyright battle over Andy Warhol artwork based on a photo of musician Prince, arguing it's a chance for the court to spell out what counts as a transformative work. The head of the American Bar Association's copyright division said Friday that the U.S.

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IP Law 360

OCTOBER 12, 2022

Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use. A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S.

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Patent Trademark Blog

MAY 26, 2023

Is there still a way to get IP if you’re too late to patent your products? Copyrights to the Rescue: A Second Chance to Obtain IP When It’s Too Late to Patent It would help to be cautiously optimistic in these late situations. Need IP for a product that is too late to patent? Invariably, I get no good answers.

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IPilogue

FEBRUARY 6, 2023

Pina D’Agostino’s IP Intensive Program. More recently, we have seen digital art open doors for artists to experiment with conceptual artwork like never before. But before we all scatter to “NFTize” our souls, we need to address some legal issues surrounding the overall sustainability of digital artworks.

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The IPKat

OCTOBER 11, 2022

Secondly, because Article 14 of the DSM Directive / Article 32-quarter of the Italian Copyright Act is about the protectability of the reproduction of a public domain artwork, not a situation like that one at issue here, that is the actionability of the unauthorized reproduction of a public domain artwork.

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IPilogue

APRIL 11, 2022

Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs through their individual presentations. Dr. Andres Guadamuz.

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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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IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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IP Law 360

FEBRUARY 26, 2024

The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

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