Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

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Artwork Contracts Ownership IP 98

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Vila’s Motion.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. What is AI image generation software?

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Litigation Copying Copyright Designs 143

TorrentFreak

FEBRUARY 11, 2024

The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that. In this case, Boomer’s lawsuit makes his position clear; Get Muscles Simulator is a blatant copy of his copyrighted game. The defendant will have to satisfy the court that simply isn’t true.

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Copying Artwork Designs Design 75

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. Once your copyright has expired, anyone can use or copy your work. Copyright protection starts as soon as the work is created.

Blogging 40

Blogging IP Artwork Intellectual Property 40

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.

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Ownership Intellectual Property Artwork Copyright Law 103

Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works while design patents cover the way an invention looks.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

MARCH 14, 2024

Kovner of the Eastern District of New York (sitting by designation), the Court of Appeals concluded that permanently concealing the murals did not constitute “modifying” or “destroying” them and thus did not violate the artist’s rights under VARA. Cabranes and District Judge Rachel P.

Art 52

Art Artwork Law Moral Rights 52

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

Branding 52

Branding Brands Branding Copyright Infringement 52

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Art Plagiarism Artwork Graphic Design 56

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool. DeviantArt failed at that task.

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Artwork Art Plagiarism Reporting 214

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. However, there are two key exceptions to this. Bottom Line.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 52

Art Plagiarism Artwork Graphic Design 52

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. These are the visual features that would have been appropriate for design patent protection. If you are in that situation, perhaps not all hope is gone.

IP 75

IP Patent Design Patent Artwork 75

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. are applicable to it.

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Non-Fungible Tokens Artwork Contracts Art 120

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

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False Advertising Ownership Registration Designs 72

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. A linguistic model lacks the kind of human imagination required to develop logos or designs.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Instead, the court summarizes: N.O.C. Case Citation : Cooley v. Target Corp.

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Copyright Artwork Designs Design 97

TorrentFreak

APRIL 24, 2023

With hundreds of millions of copies sold, it’s also the best-selling video game in history, a reign that looks set to continue. EaglerCraft also infringes Mojang’s Minecraft copyrights by using Minecraft character designs and artwork to advertise these services.” However, that doesn’t completely stop the problem.

Copyright Infringement 123

Copyright Infringement Artwork Copyright Intellectual Property 123

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works, while design patents cover the way an invention looks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. It is also the successor of SK Oil Industries.

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Registration Artistic Work Copyright Registering Trademarks 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

CopyrightsWorld

JUNE 10, 2021

Here’s everything you need to know about designing a killer portfolio that sells your services. It’s going to be different depending on the type of people you’re showcasing your portfolio to and your design career. Is the design process important to my client? Physical copy matters too! Think like the client.

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Designs Design Art Business 98

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. Conclusion. NFTs are viewed as the future of ownership by enthusiasts.

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Non-Fungible Tokens Artwork Privacy Ownership 52

Corsearch

AUGUST 14, 2023

Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand.

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Branding Brands Branding Intellectual Property 52

TorrentFreak

JULY 31, 2021

The SportsBay domains currently link to the same web platform, which features artwork culled from the infamous Pirate Bay, although there appears to be no link to that site, branding aside. It targets four Doe defendants doing business as SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com. 1201(a)(2).

Technology 140

Technology Artwork Television Copyright 140

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 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

TorrentFreak

JULY 28, 2021

Since the cheating software developed and distributed by Ring-1 is primarily designed for the purpose of circumventing technological measures that control access to their games, the plaintiffs state that the defendants are trafficking in circumvention devices in violation of the DMCA (17 U.S.C. Copyright Infringement Offenses. 1201(a)(2)).

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Copyright Infringement Copyright Derivative Work Social Media 139

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?

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Moral Rights Copyright Artistic Work Artwork 52