IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. To counter this issue laws are placed so that the original ideas can be protected.

Designs 90

Designs Design Copyright Copyright Infringement 90

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Let me know via Twitter @plagiarismtoday.

Music 197

Music Art Artwork Copying 197

IIPRD

MARCH 1, 2023

Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. 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.

Artwork 98

Artwork Contracts Ownership IP 98

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Traditional artwork is valuable because it’s unique and exclusive, and NFTs attempt to impose this uniqueness onto digital works.

Artwork 40

Artwork Television Art Ownership 40

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

Plagiarism 196

Plagiarism Graphic Design Copying Artwork 196

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

Art 134

Art Artwork Copying Moral Rights 134

Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright.

Fair Use 111

Fair Use Copyright Copying Technology 111

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

TorrentFreak

FEBRUARY 10, 2023

DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead. .

Copying 81

Copying Artwork Publishing Copyright Infringement 81

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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.

Art 98

Art Copyright Editing Publishing 98

The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 120

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms.

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork.

Copyright 52

Copyright Copying Artwork Art 52

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. And Warhol often cited “mass production” as a justification for his artwork.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. Frankly, it’s barely a dispute about copyrights.

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright and trademark are the most important IP rights in this industry.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 86

Copyright Law Art Copyright Law 86

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Looked at leg history and cases cited by Feist.

Copyright 59

Copyright Moral Rights Artwork Art 59

TorrentFreak

NOVEMBER 7, 2023

Attorneys acting for Cognosphere inform the court that the company is the exclusive licensee of Genshin Impact in the United States and other territories, which includes any artwork, gameplay footage, and related audiovisual content. Copies of the notices sent in support of the DMCA subpoena application are similarly redacted.

Social Media 99

Social Media Artwork Publishing Copyright 99

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