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Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. But if you’re exploiting AI art generated without any human contributions, understand that you may have no legal recourse if others later copy that work.

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CJEU rules that private copying also applies in the cloud and warns against thinking that everything is communication to the public

The IPKat

A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana , ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in that context.

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Artist Royalties: An exegesis of Resale rights in India

IIPRD

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98
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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

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

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

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. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98
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Analysing the relationship between contemporary art and IPR

IP and Legal Filings

Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. The total concept and feel test is also referred to as the ‘lay observers’ test.

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Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

The IPKat

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.