The Art Law Blog

JUNE 19, 2021

We only protect works for the life of the artist, with a few minor exceptions, but that’s basically the rule under the Visual Artists Rights Act.' "In In France, droits moraux, or 'moral rights,' would typically protect an artwork from such an act.

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Sander Law

AUGUST 24, 2020

When hiring an independent contractor to design your logos, artwork and take photographs, it is important to think about who actually owns the copyright in the resulting work. Moral Rights. Although the initial creator of the work can assign their copyright to another entity, they cannot assign the associated Moral Rights.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

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. Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. Fair Use Precedent?

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Fair Use Copyright Moral Rights Copyright Law 138

The IPKat

NOVEMBER 14, 2021

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 (?) moral rights. Copyright A Kat walking and enjoying its freedom. 17 CDSM compatible with EU law?

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Blogging IP Moral Rights Artwork 89

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Right: Photo courtesy of Katie Hagebols retrieved from [link]. What about moral rights?

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The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February.

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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

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Not all Canadian galleries oppose ARRs.

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IP and Legal Filings

JANUARY 23, 2023

An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works. vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

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Copyright Intellectual Property Ownership Technology 98

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

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Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. How can this be considered an original artwork and who is the author?

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Intellectual Property Art Artwork Moral Rights 52

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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Art Artwork Law Moral Rights 52

The IPKat

JULY 9, 2023

It emerges that brands should pay for the use of street artworks. This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights. Those artists are attached to their creations and to the right of attribution. The same is for moral rights.

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Art Copyright Moral Rights Cease and Desist 59

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. The Purpose of a Model Release Form. When should you use a model release form? A model release form is generally required: .

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IIPRD

JANUARY 29, 2023

Legal Pitfalls in Virtual World The character design used by a content creator can be designed by an artist, and rights can be transferred from the artist to the creator. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

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LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. Copyright Act is the primary section that grants rights to visual artists. Integrity: The right to prevent intentional distortion, mutilation, or other modification of the work that would be prejudicial to the artist’s reputation.

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Social Media Art Fair Use Moral Rights 52

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. 8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” copyright law.

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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.

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Copyright Moral Rights Artwork Licensing 52

IP and Legal Filings

FEBRUARY 16, 2025

manuscript, artwork, software code). Step 6: Renewal (if applicable) Copyright is a lifelong right, but it is important to note that the moral rights (like the right to attribution) last only for 60 years from the creator’s death. Copy of the Work : A sample or copy of the work being registered (e.g.,

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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. However, re-sale rights exist as an exception to this rule.

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IPilogue

DECEMBER 1, 2022

Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. Justice Rothstein explained that the concerns raised by Dean Zemer would fit neatly into the Canadian understanding of moral rights. However, it is a worthwhile goal.

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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 means protecting significant rights to their original works. a collage, sculpture, photograph , or graphic work; 2.

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Intellectual Property Designs Design Artwork 59

43(B)log

FEBRUARY 19, 2022

(c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. Rests on natural moral right to enjoy products of own exertion and no interference with anyone’s right to do likewise.

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Copyright Moral Rights Artwork Art 59

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. This means protecting significant rights to their original works. Design Rights. This comprises: Using the © symbol on your artworks such as paintings, drawings, sculptures, etc.

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Intellectual Property Designs Design Artwork 52

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Most artwork created in ghettos and concentration camps is today, by default, Orphaned Work.

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