IPilogue

OCTOBER 26, 2022

The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee. The prevalent use of Uffizi’s artworks despite Italian law led to Uffizi using software to police whether artworks are used to sell products, especially on social media.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

The IPKat

FEBRUARY 3, 2023

The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Creativity under Article 1 of Law No.

Art 99

Art Copyright Artwork Editing 99

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.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

The IP Law Blog

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. 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”. What’s missing here? That will prove to be an issue for the team.

Social Media 98

Social Media IP Intellectual Property Artwork 98

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. However, there are both positives and negatives of the same. While it has made our lives easier to some extent, it brings with it a lot of legal and ethical problems. Goldsmith (2023) [2].

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98

Artwork Contracts Ownership IP 98

IPilogue

NOVEMBER 2, 2022

As its name suggests, AI-generated art refers to art generated with the help of artificial intelligence. Rutkowski is not alone – more artists are beginning to see their artworks gain popularity with similar models and have raised copyright concerns.

Art 105

Art Artwork Privacy Blogging 105

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. It also sells a similar type of product – various other items bearing DeYoung’s artwork and mark including beach towels, pillows, tapestries, puzzles, and pouches. Trademark Infringement. ” UGH.

Artwork 119

Artwork Trademark Publishing Marketing 119

The IPKat

MARCH 13, 2022

It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. There may be situations in which, indeed, a work needs to be reproduced in its entirety to establish the 'dialogue' referred to by the CJEU. A final appeal to the Italian Supreme Court followed.

Copyright Law 104

Copyright Law Copyright Law Artwork 104

Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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. The Creator’s Conundrum: Defining Authorship in the Age of AI The emergence of AI-generated art introduces a fascinating paradox, commonly referred to as “The Creator’s Conundrum.”

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

TorrentFreak

SEPTEMBER 21, 2024

Note: X refers to four users based on one person to one account. Courts have identified “core” First Amendment expression to be political speech and religious speech; in this matter, the alleged posting of unauthorized copies of Cognosphere’s Genshin Impact artwork is neither.

Artwork 133

Artwork Copyright Publishing Privacy 133

The IPKat

FEBRUARY 17, 2022

As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human. In any case, the Term Directive refers the calculation of the term of protection of copyright to the life of authors as ‘physical persons’.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

The IPKat

APRIL 19, 2023

The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. and the best-known quantum (mechanics) Kat - Schrödinger's Kat Second, as this case clarifies, an NFT is born with the digital artwork.

Non-Fungible Tokens 121

Non-Fungible Tokens Artwork Contracts Art 121

IIPRD

MARCH 5, 2025

This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. AI-generated artworks, such as the ones generated by DALLE, bring data from big databases of existing pictures, and it raises the question of whether these works meet the originality requirement. References U.S.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

The IPKat

JULY 14, 2022

In all these instances, what has been considered as “legal property” is the token generated through the smart contract and not the digital file linked (or “authenticated”, to refer to the EUIPO’s own wording) to it.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

IPilogue

MARCH 17, 2023

Aboriginal Elder Gawirrin Gumana (Yolngu) was quoted in 1996: “When that [white] man does that it is like cutting off our skin”, where “it” refers to the practice of selling fake indigenous art. However, this is not a newfound issue.

Government 104

Government IP Art Artwork 104

TorrentFreak

FEBRUARY 10, 2023

Each of those tweets contains one piece of original content for reference. For example, the article published here reproduces both pieces of artwork in full but isn’t targeted in a subpoena. .” As proof of infringement, Cognosphere provides links to two tweets published by its official Genshin Impact Twitter account.

Copying 98

Copying Artwork Publishing Copyright Infringement 98

JD Supra Law

MAY 22, 2023

Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” However, Warhol went further and created a series of artwork based on Goldsmith’s photograph. The illustration was Andy Warhol’s portrait of Prince known as “Purple Prince.”

Fair Use 52

Fair Use Copyright Infringement Artwork Copyright 52

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Brands 95

Patent Trademark Blog

JANUARY 18, 2023

Subject matter eligibility refers to whether an invention is qualified for patent protection. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. What makes an invention eligible for patent protection? Not every new thing is patentable.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

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.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

TorrentFreak

JULY 10, 2022

It references a set of four DMCA complaints sent to Roblox, beginning in December 2021 and running to May 2022. According to the application, other Roblox developers have been leveraging the success of the above titles by publishing games with the same names using artwork, code and assets from the originals.

IP 143

IP Artwork Copyright Trademark 143

Dear Rich IP Blog

JULY 27, 2023

Frida Kahlo age 12 (1919) Dear Rich: I'm filming a romantic comedy in San Miguel de Allende, Mexico, and refer to the artist Frida Kahlo in two scenes and show a photo of one of her paintings (self-portrait) hanging on the wall. You don't need permission to refer to Frida Kahlo in your film's dialogue.

Public Domain 52

Public Domain Artwork Privacy Copyright Law 52

Intepat

NOVEMBER 3, 2024

Orphan Works Orphan works refer to works for which the copyright holder is unknown or untraceable. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. Like pseudonymous works, anonymous works are also granted a 60-year copyright duration from publication.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Further, the Copyright protects the following types of original artwork. In other words, it results from a person’s intellectual pursuits.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

IP and Legal Filings

AUGUST 6, 2024

It is a legal right that belongs to the originators of genuine artworks like literature, drama and music works, cinematographic films as well as sound records. What is Copyright? This gives an artist exclusive rights for use, distribution or licensing the creation thus prohibiting others from abusing it without permission.

Registration 111

Registration Copyright Intellectual Property Artistic Work 111

Kluwer Copyright Blog

APRIL 8, 2024

This has been commonly referred to as TDM or “ text and data mining ”, one of the building blocks of machine learning and internet search technology. By April last year, over one billion pieces of artwork had been removed from the Stable Diffusion training set.

Fair Use 117

Fair Use Copyright Copying Technology 117

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Two major obstacles can be recognized in this context.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. What was sold are “NFTiffs,” which are digital passes that NFT holders can redeem for digital artwork based on CryptoPunks.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

JULY 11, 2024

Descriptive or Generic Terms: It is technically possible to register a trademark that is descriptive of the products that they refer to or services that they characterize, or even generic symbols that are familiar to the public. This includes all books, artworks, pieces of music, and other creations in any field or discipline.

Registration 105

Registration Trademark Copyright Intellectual Property 105

Kluwer Copyright Blog

JULY 24, 2024

There was almost no reference to ownership of training data that had come from parties other than the contractual partners. Did model providers undertake content moderation (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? Question 1 gave inconsequential results re inputs.

Copyright 135

Copyright Ownership Social Media Licensing 135

The IPKat

JUNE 27, 2021

With regard to the second part of the reference, the CJEU answered that also those persons, who are holding certain IP rights, but are not themselves using those rights, may, in principle, benefit from the measures, procedures and remedies, provided under the Enforcement Directive.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Copyright Law Intellectual Property 52

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth. The political party argued that their use of the logo was justified by due cause.

Trademark 75

Trademark Artwork Social Media Trademark Law 75

IIPRD

JANUARY 7, 2025

” On the other hand, other AI applications are limited to assisting in the generation of designs, which are referred to as AI-assisted designs, which are a type of computer-aided design. [13] 12] Certain AI programs can develop designs on their own, which are also known as “AI-generated designs.”

IP 98

IP Intellectual Property Invention Inventor 98

LexBlog IP

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. The 2015 assignment agreement only referenced trademarks and various social media accounts owned by the league; it did not reference any copyrights. That will prove to be an issue for the team.

Social Media 52

Social Media IP Intellectual Property Artwork 52