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

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. It was created by Seven Bucks Productions and The Nacelle Company. And this one.

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Plagiarism Graphic Design Copying Artwork 215

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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Artwork Public Domain Moral Rights Art 110

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

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.

Artwork 55

Artwork Public Domain Art Copyright 55

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. Mario Klingemann’s AI Artworks : Mario Klingemann, a well-known AI artist, has produced various AI-generated artworks.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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.

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Copyright Artwork Public Domain Art 98

Kluwer Copyright Blog

JUNE 19, 2023

When issuing a CC0 NFT, the artist declares the entirety of a project’s content to be in the public domain, allowing the public at large to use, modify or recreate the NFT artwork in compliance with the CC0 license for commercial purposes, without attributing it to the original artist.

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Non-Fungible Tokens IP Ownership Contracts 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. More importantly, deceased figures cannot be defamed or have their privacy invaded (the two common basis for lawsuits involving the use of real people in fiction).

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Public Domain Artwork Privacy Copyright Law 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.

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Copyright Art Intellectual Property Law Public Domain 78

The IPKat

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here.

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

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.

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Public Domain Artwork Intellectual Property Copyright 52

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

JANUARY 23, 2023

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. When someone mints an NFT on a public domain, they could falsely claim to be the owner of the original artwork’s copyrights.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IPKat

MAY 3, 2022

has filed a figurative application for an image of the Empire State Building (see below) covering, among other things “ non-fungible tokens (NFTs) ” and “ downloadable multimedia files containing artwork authenticated by non-fungible tokens (NFTs) ” in Class 9 (see here ). Pictures in the lower middle are in the public domain.

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Non-Fungible Tokens Branding Brands Branding 100

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

The IP Law Blog

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

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False Advertising Artwork IP Advertising 59

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.,

Copyright 122

Copyright Art Copyright Law Licensing 122

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. Tales from the Public Domain , “documentaries are records of our culture.

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Fair Use Copyright Law Copyright Law 102

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. Material that is in the public domain. Previously registered material.

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Derivative Work Registration Copyright Public Domain 77

Kluwer Copyright Blog

JULY 14, 2023

archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4.

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Database Right Licensing Public Domain Artwork 52

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Q: Why are photos rejected less than artwork? A: because logos fall w/in the category artwork and are more often rejected—photos are generally considered protectable b/c of their characteristics.

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Copyright Moral Rights Artwork Art 59

IIPRD

NOVEMBER 23, 2022

The general objective of copyright is to encourage creativity, freedom of expression and technological process by assuring designers, artists, composers, authors, and other creative people, who take risk of their capital in presenting their works before the public domain. Patent Protection and Enforcement.

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Intellectual Property Technology Intellectual Property Law Government 40

LexBlog IP

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

JUNE 24, 2022

artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning.

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Trademark Law Law Trademark Registration 75

LexBlog IP

MAY 19, 2023

It’s also generally understood that artists should acknowledge their sources of inspiration, especially when these are not part of the public domain. This can involve things like adaptations (such as a film script based on a novel), translations, or artwork based on another piece of art.

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Fair Use Art Licensing Derivative Work 40

IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

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Social Media Cease and Desist Public Domain Artwork 119

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Several individuals have been held for falsifying copyright ownership over a work that exists in the public domain. The sole technology behind cryptocurrencies is called blockchain technology. However, this can be prevented with stringent IP laws in place.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Perform sound recordings publicly through digital audio transmission. © Steve Schlackman (1975).

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Perform sound recordings publicly through digital audio transmission. © Steve Schlackman (1975).

Intellectual Property 52

Intellectual Property IP Invention Design 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages. The problem with Elster’s argument, however, is that Section 2(c) does not prohibit any expression.

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Registration Trademark Blogging Law 106