3 Count: Fan Art
Plagiarism Today
JANUARY 25, 2024
The post 3 Count: Fan Art appeared first on Plagiarism Today. Kat Von D takes the stand in tattoo trial, publishers respond to Anthropic and beIN gets more domains banned in France.
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Another “Magic: The Gathering” Art Plagiarism Scandal
Plagiarism Today
NOVEMBER 21, 2023
The post Another “Magic: The Gathering” Art Plagiarism Scandal appeared first on Plagiarism Today. Wizards of the Coast, the makers of Magic: The Gathering, are at the center of another plagiarism scandal. Here's what happened.
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Understanding Wizards of the Coast’s New AI Art Debacle
Plagiarism Today
JANUARY 10, 2024
The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today. Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials.
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The Battle Lines Over AI Art
Plagiarism Today
SEPTEMBER 14, 2022
Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. TL;DR — Someone entered an art competition with an AI-generated piece and won the first prize. Both online and off, AI art is making its presence felt, and battle lines are being drawn around it.
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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)
Hugh Stephens Blog
MARCH 27, 2023
Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public. (It
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O Prior Art, Prior Art, Wherefore Art Though Prior Art?
Patently-O
JULY 11, 2022
In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.
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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed
Intellectual Property Law Blog
DECEMBER 21, 2023
It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed. Regarding the jury instructions on comparison prior art, Columbia argued that the district court erred by failing to instruct the jury as to the scope of the comparison prior art.
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CAFC Affirms PTAB Finding that Reasonable Pertinence Proves Analogous Art
IP Watchdog
MARCH 13, 2024
8,671,132 was unpatentable as obvious over combinations of three prior art references: “Gelb”, “Tivoli”, and “Callaghan.” Daedalus in part argued on appeal that the Board incorrectly found that Gelb is analogous art because Gelb “is not reasonably pertinent to the problems identified in the ’132 patent.” The PTAB held that U.S.
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Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication
Intellectual Property Law Blog
FEBRUARY 26, 2024
8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Additional issues include whether prior art discloses certain claim limitations. Provisur Techs., Weber appealed.
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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference
Intellectual Property Law Blog
DECEMBER 15, 2023
Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § Teleflex Innovations S.A.R.L. , The Board concluded that Medtronic failed to demonstrate that the challenged claims were unpatentable.
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AI and Computer-Generated Art: Its Impact on Artists and Copyright
Hugh Stephens Blog
OCTOBER 25, 2022
Not being on the cutting edge of hi-tech myself this term had not crept into my consciousness until a couple of weeks ago, while I was up at my cottage north of Toronto enjoying the … Continue reading " AI and Computer-Generated Art: Its Impact on Artists and Copyright "
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Inventor Says AI Art Merits Copyright Despite US Gov't Stance
IP Law 360
APRIL 11, 2024
Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. An artificial intelligence inventor has bashed the U.S. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.
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AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight
Hugh Stephens Blog
DECEMBER 12, 2022
The hi-tech whiz kids actually began to believe in their own infallibility and in … Continue reading "AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight"
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Art is Human
The Illusion of More
DECEMBER 23, 2022
The post Art is Human appeared first on The Illusion of More. The description on his website begins. Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and […].
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Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine
Intellectual Property Law Blog
FEBRUARY 13, 2024
February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.
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AI Art & Copyright Part 2: Artificial Intelligence Or Artfully Infringing?
JD Supra Law
APRIL 7, 2023
Artificial Intelligence (AI) has become increasingly prevalent in the world of art, leading to new forms of creative expression that challenge our conventional notions on what constitutes art. AI-generated art is created using algorithms and machine learning, which allow computers to learn from and mimic human behavior.
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Community Partner Spotlight: Asian American Arts Alliance (A4)
Copyright Alliance
MARCH 28, 2024
Today, we turn the spotlight over to one of our community partners, Asian American Arts Alliance (A4). They are a nonprofit “dedicated to strengthening Asian American artists and cultural groups through resource […] The post Community Partner Spotlight: Asian American Arts Alliance (A4) appeared first on Copyright Alliance.
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Patent Prior Art Search
Biswajit Sarkar Copyright Blog
MARCH 6, 2024
What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. Several bacteria, such as Pseudomonas sp.
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Who Owns the Copyright in AI-Generated Art?
Intepat
SEPTEMBER 15, 2023
Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.
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AIs Don’t Learn Jack S**t About Art
The Illusion of More
OCTOBER 26, 2023
While people may continue to debate whether robots dream of electric sheep, let us please stop entertaining the notion that AIs “learn from artistic works the same way human artists learn” to make art.
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AI “Art” is Boring
The Illusion of More
JANUARY 10, 2023
The post AI “Art” is Boring appeared first on The Illusion of More. Adam was bored alone; then Adam and Eve were bored together; then Adam and Eve and Cain and Abel were bored en famille; then the population of the world increased, and the peoples were bored en masse. This […].
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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
Patently-O
APRIL 20, 2024
The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?
Kick It! Marital Arts, Choreography, and Copyright
Dear Rich IP Blog
DECEMBER 9, 2023
Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Is this accurate? Limited ways to express yourself.
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AI Generated Art and its conflict with IPR
IIPRD
APRIL 8, 2024
Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. AI is becoming more and more advanced by the day resulting in creation of such art without any sort of skills or human intervention required. [3]
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[Guest post] Works of applied art – the difference between design and copyright law
The IPKat
MARCH 25, 2024
Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.
Open-Source AI-Generated Art Raises Concerns Amongst Artists
IPilogue
NOVEMBER 2, 2022
A high-tech solarpunk utopia in the Amazon rainforest, a Pikachu fine dining with a view to the Eiffel Tower, a mecha robot in a favela in expressionist style – if you are struggling to visualize any of these descriptions, an AI art generator could most likely help you out. Understanding “Open-source” AI-Generated Art.
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Winners of Luminosity and Surrealism Art Competitions
Art Law Journal
SEPTEMBER 15, 2023
Lauren Grace delves into the complexities of surrealism, revealing art that resonates universally through unconscious desires and symbolism. Taylor Curry explores the storytelling power of light, from dawn landscapes to quantum physics.
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Christie’s Launches Venture Capital Fund for Art-Tech Startups
IPilogue
SEPTEMBER 16, 2022
On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. The auction house was one of the first art institutions to arrange NFT sales.
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Infographic | Klimt’s art in legal IP battle
Olartemoure Blog
APRIL 12, 2024
It’s impossible to think about a kiss, without thinking about “The Kiss”, Gustav Klimt’s art piece. Supreme Court , and gained international attention for its implications on art restitution and intellectual property rights. This masterpiece, with its beautiful gold leaf patterns and tender embrace, immortalized passion on canvas.
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Is Machine-Made Art Copyrightable?
The IP Law Blog
MARCH 10, 2022
The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.
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5 Visually Stunning Movies Inspired by Fine Art Masterpieces
Art Law Journal
JULY 18, 2023
Dive into the fascinating intersection of art and cinema. This article explores how five visually stunning movies - "The Exorcist," "Inception," "There Will Be Blood," "Melancholia," and "Days of Heaven" - draw their visual inspiration from masterpieces of fine art.
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Federal Circuit Narrows “Comparison Prior Art” for Design Patent Infringement
JD Supra Law
JANUARY 12, 2024
The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.
Art Basel Duct Tape Banana Art Not Infringing
LexBlog IP
JULY 12, 2023
Perhaps you remember in 2019 when three Art Basel afficionados purchased a banana duct-taped to a wall for $120,000? Morford argued he had already taped a banana to a wall in his piece Banana and Orange 18 years before Cattelan displayed his banana-on-a-wall piece, Comedian , at Art Basel. Visual and conceptual artist Joe Morford does.
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Winners of Stripe Art and Fun Foods Art Competitions
Art Law Journal
AUGUST 9, 2023
Curator Kate Kelly explores the impact of stripes in art, from grounding compositions to creating movement. Dive into the world of meaningful foods in a separate Open Call, celebrating the emotional and symbolic power of edibles.
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Make a Statement, Make an Impact: the Benefit of Supporting the Arts
Art Law Journal
SEPTEMBER 21, 2023
There’s a lot of talk about the importance of art in visual branding, but did you know that it can also be leveraged to help others? Both within the office and in the larger community, art is a proven force for good - and growth.
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Beyond the Frames – How Sustainable is Digital Art?
IPilogue
FEBRUARY 6, 2023
More recently, we have seen digital art open doors for artists to experiment with conceptual artwork like never before. As well as encouraging the collection of natively digital art , NFTs are a way for artists to financially benefit from works traditionally non-commodifiable (ex. This article was written as a requirement for Prof.
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Authenticating Prior Art
Patently-O
AUGUST 17, 2021
The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.
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Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art world
Kluwer Copyright Blog
MARCH 19, 2024
The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor. It is safe to assume that both artists were inspired by Egyptian art and its pharaonic heritage as found on the walls of many ancient tombs and temples.
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Book Review: Art and Copyright
The IPKat
AUGUST 24, 2021
This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.
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Crafting a Successful Virtual Art Exhibition to Enhance Your Profile
Art Law Journal
SEPTEMBER 13, 2023
Discover the transformative journey of hosting a virtual art exhibition. This piece offers artists a roadmap to not only showcase their creations in a compelling light but also to engage and build a loyal audience through innovative promotional strategies and post-exhibition engagement techniques.
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Salem’s Spellbinding Fusion: Art, History, and Intellectual Property
Nelligan Law
OCTOBER 27, 2023
Renowned for its bewitching tales and thriving arts scene, Salem is a perfect destination for a getaway. Salem is a living testament to the art of honoring the past while painting the future with boundless creativity. The post Salem’s Spellbinding Fusion: Art, History, and Intellectual Property appeared first on Nelligan Law.
PTAB Rejects Double-Dose of Prior Art
JD Supra Law
SEPTEMBER 26, 2023
IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. In Sandoz Inc. Acerta Pharma B.V.
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Optimizing Obviousness: Routine Optimization Can Fill in Prior Art Gaps
JD Supra Law
MARCH 14, 2024
In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed range and a prior art range.
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Federal Circuit Holds Operating Manuals Disclosed with Confidentiality Restrictions to be Prior Art
JD Supra Law
FEBRUARY 13, 2024
the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) and held that Weber’s operating manuals are prior art printed publications despite their limited distribution and distribution subject to confidentiality restrictions based on the operating manuals being sufficiently accessible to the public interested in the art.
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