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].

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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.

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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.

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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.

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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.

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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.

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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.”

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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.

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Artwork Copyright Publishing Privacy 135

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’.

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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.

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Non-Fungible Tokens Artwork Contracts Art 121

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.

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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.

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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.

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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.”

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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 Branding 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.

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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.

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Moral Rights Artwork Fair Use Copyright 78

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.

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Copyright Intellectual Property Copyright Law Artwork 52

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.

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IP Artwork Copyright Trademark 143

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.

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Copyright Moral Rights Ownership Publishing 52

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.

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Registration Copyright Intellectual Property Artistic Work 111

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.

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Ownership Copyright Law Copyright Law 52

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.

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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.

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Non-Fungible Tokens Artwork Copyright Law Intellectual Property 52

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.”

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IP Intellectual Property Invention Inventor 98

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.

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Trademark Artwork Social Media Trademark Law 75

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

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.

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Fair Use Copyright Copying Technology 117

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

LexBlog IP

MARCH 15, 2022

On February 14, 2022, the Review Board of the United States Copyright Office (the “Board”) refused copyright registration (for the second time) of a two-dimensional artwork entitled “A Recent Entrance to Paradise.” 53, 56 (1884). At 57-59, 60-61.

Copyright 52

Copyright Artwork Registration Law 52

IP and Legal Filings

SEPTEMBER 20, 2023

Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations.

Design 105

Design Designs Copyright Copyright Infringement 105

The IPKat

APRIL 6, 2022

While Member States are required to implement a system of fair compensation that compensates rightholders for the harm referred to above, they also enjoy broad discretion “to determine, inter alia, who must pay that compensation and to establish the form, detailed arrangements for collection and the level of that compensation”.

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Copying Copyright Artwork Law 98

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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Copyright IP Ownership Copyright Infringement 90

Kluwer Copyright Blog

JUNE 19, 2023

Lastly, the most liberal paradigm of copyright licensing is where the artist renounces any ownership claims to the work’s copyright and related rights through the use of ‘The Creative Commons Zero (CC0) Model’, also referred to as ‘The No Rights Reserved Model’.

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Non-Fungible Tokens IP Ownership Contracts 98

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc.

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Licensing Non-Fungible Tokens Copyright Copying 102

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 16] In my opinion, our law is not yet at a stage where we are equipped to provide such protection to AI generated artwork as, the element of human authorship is still a very important element of this law.

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Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

MAY 24, 2024

Any engagement with a registered trademark can be well covered within the purview of artistic freedom, if such reference forms an essential part of the production of an artwork and does not degenerate or disparage the applicant’s trademark, the court noted. 09, 2022) [link] Jeremy S. 23, 2022) [link] Moish E.

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