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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Artwork Copyright Registration Public Domain 124

The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

Artwork 110

Artwork Public Domain Moral Rights Art 110

Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. The evolution in the case law of the Second Circuit may constitute a game changer for documentary makers.

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Fair Use Copyright Law Copyright Law 105

IIPRD

MARCH 5, 2025

Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

SpicyIP

APRIL 18, 2025

Aditya is a third-year law student at the National Law School of India University, Bangalore. Functionality vs. Aesthetics: The Dominant Purpose and Global Parallels The notion of functional utility as a test comes straight from design law principles. copyright law, useful articles (like clothing, furniture, appliances, etc.)

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Design Designs Copyright Artistic Work 59

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. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

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Art Copyright Ownership Non-Fungible Tokens 105

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. 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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Non-Fungible Tokens IP Ownership Contracts 98

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? The post How Can Museums Copyright the Works of Old Masters? appeared first on Art Business Journal.

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Public Domain Copyright Artwork Journalism 52

The IPKat

FEBRUARY 8, 2024

An editorial published on The Art Newspaper , for example, has questioned the possibility for UK cultural heritage institutions to claim that simple reproductions of public domain artworks warrant their own copyright protection. but also online The Chair is Luke McDonagh , Assistant Professor of Law (LSE).

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Copyright Art Intellectual Property Law Public Domain 78

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. Voting reminder This is a reminder that our Readers can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards!

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

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.

Art 52

Art Copyright Public Domain Copyright Law 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. Several individuals have been held for falsifying copyright ownership over a work that exists in the public domain.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. Copyright law protects just the expression, not the idea itself.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Olartemoure Blog

MARCH 3, 2023

The decision marks an important direction for the creation of new artworks, since artists will not be able to use any artificial intelligence tool that does not constitute a significant human contribution and where the barriers of respect to third party copyrights are not clearly delimited.

Public Domain 52

Public Domain Artwork Intellectual Property Copyright 52

43(B)log

JUNE 24, 2022

It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. Much of the law is a collection of rules of thumb from registration context. Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information.

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Trademark Law Law Trademark Registration 75

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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Copyright Art Copyright Law Licensing 125

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. version with further considerations (e.g.,

Database Right 52

Database Right Licensing Public Domain Artwork 52

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.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. Such inventions may be protectable under federal patent laws.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. Role of Licensing Agreements: This case underscores the importance of licensing agreements in copyright law.

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Fair Use Art Licensing Derivative Work 40

IPilogue

OCTOBER 26, 2022

Ariel Goldberg a 1L JD candidate at Osgoode Hall Law School. The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). In Canada, under the s.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. 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. Second, Art.

Artwork 59

Artwork Public Domain Art Copyright 59

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

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Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

Copyright 98

Copyright Artwork Public Domain Art 98

Dear Rich IP Blog

JULY 27, 2023

Mexican copyright law placed Kahlo's works in the public domain 25 years after her death, so you don't need authorization to include a photo of her painting in your film. The painting. The Kahlo name.

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Public Domain Artwork Privacy Copyright Law 52

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. 102(b) doesn’t change the law but merely clarifies it, restating the basic idea/expression dichotomy, but that’s not about facts. Looked at leg history and cases cited by Feist. Cites Henry George.

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Copyright Moral Rights Artwork Art 59

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Trademarks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? The quantum computation uses the kind of technologies that process the information by using effects which extracts its fundamental elements from laws of classical quantum mechanics that includes superposition, entanglement, and tunnelling.

Intellectual Property 40

Intellectual Property Technology Intellectual Property Law Government 40

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

Intellectual Property 52

Intellectual Property IP Invention Design 52

43(B)log

JANUARY 31, 2025

Compare to Hemingway common law copyright case. The power of narratives to swamp law? We should presume, absent contrary evidence, that midcentury visual art shown in a gallery for sale is in the public domain unless the estate/foundation demonstrates otherwise. Publication without notice terminated .

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Ownership Copyright Public Domain Art 40

Intepat

APRIL 4, 2025

Intellectual property rights are crucial for protecting artists rights in their artwork. CURRENT LEGAL FRAMEWORK Internationally, copyright protection over artworks is primarily governed by the Berne Convention for the Protection of Literary and Artistic Work (1886) and the TRIPS Agreement, administered by WIPO.

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Copyright Infringement Art Copyright Artistic Work 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Section 2(c) is a viewpoint-neutral trademark law.

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