Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. I definitely did not expect this many music and movie cases in the CCB. However, only 19 of the claims (40%) involve photos–a lower percentage than I would have expected.

Copyright 130

Copyright Artwork Music Blogging 130

The IPKat

FEBRUARY 3, 2023

The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Picture of the cat courtesy by Arianna Antonelli.

Art 128

Art Copyright Artwork Editing 128

LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. ” Thereafter, Thaler filed a complaint in the D.C.

Artwork 52

Artwork Copyright Editing Ownership 52

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception.

Art 52

Art Artwork Law Moral Rights 52

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. While the case did not definitively resolve the issue of whether non-human animals can own copyright, it prompted discussions about the intersection of copyright law, animal rights, and technology.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The definition of these terms is unclear. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. Although the definitions of property under the Civil Code do not directly mention the digital representation of assets, it is likely that a token constitutes a property right.

Non-Fungible Tokens 70

Non-Fungible Tokens Artwork Ownership Art 70

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Most artwork created in ghettos and concentration camps is today, by default, Orphaned Work.

Art 106

Art Copyright Moral Rights Fair Use 106

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. It was created by Seven Bucks Productions and The Nacelle Company. And this one. In the end, this is a relatively minor mistake.

Plagiarism 196

Plagiarism Graphic Design Copying Artwork 196

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. Texteam Blackburn Limited and Another [3] the High Court of Justice looked at the definition of drawing.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

IP and Legal Filings

OCTOBER 18, 2022

The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

IPilogue

JULY 18, 2022

The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself. The purpose of the artwork was to call attention to the power hierarchy and elitism in the art world. Artists, however, have long been engaging in deliberate and publicized copying as a form of artistic expression.

Copyright Law 111

Copyright Law Copyright Law Art 111

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

Copyright 62

Copyright Technology Artwork Blogging 62

Kluwer Copyright Blog

OCTOBER 4, 2023

Some critics argued that this decision failed to definitively establish whether there exists a singular parody exception encompassing related terms such as pastiche and caricature or if Article 5(3)(k) of the InfoSoc Directive prescribes three distinct exceptions. This complexity rendered these concepts open-textured and context-dependent.

Copyright Law 86

Copyright Law Art Copyright Law 86

The TTABlog

MAY 10, 2023

Matter that does not serve to indicate the source or origin of the identified goods and distinguish them from others does not meet the statutory definition of a trademark. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. In re GFactor Enterprises, LLC d/b/a Gfactor Films , Serial No.

Artwork 76

Artwork Service Mark Registration Trademark 76

LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] What Is a Security?

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

Copyright 52

Copyright Technology Artwork Fair Use 52

Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022.

Music 93

Music Social Media Artwork Intellectual Property 93

Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

IPilogue

MARCH 18, 2022

In 1967, the Governor and the Reserve Bank paid $1000 AUD to Mr. David Malangi for using his original artwork on the Australian dollar bill circulated in 1966. Australia’s approach to this copyright dispute may not have been unprecedented, but it is definitely distinct. Looking Ahead.

Government 120

Government Copyright Ownership Copyright Law 120

LexBlog IP

APRIL 23, 2023

Definition and requirements Joint authorship occurs when two or more human authors collaborate on a work, and their contributions are inseparable. Visual art Visual artworks that incorporate AI-generated elements, such as paintings or photographs, can be protected if the human author’s contribution is significant and original.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

IP and Legal Filings

AUGUST 4, 2022

We also need to address the weakening connection between the territorial aspect of GI and its integrity, as the definition’s aspect has widened from a strictly territorial notion in the Lisbon Agreement to a broader definition under the TRIPS Agreement.

Artwork 78

Artwork Intellectual Property Intellectual Property Law Business 78

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. Definitely. In section (i) of the terms, Yuga seems to be saying that when you buy a Bored Ape, you own the NFT (the token) and the digital artwork that’s associated with the NFT. What you can’t do is make your own “Dune” movie. The Bottom Line.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

False Advertising 59

False Advertising Artwork IP Advertising 59

IP and Legal Filings

MAY 24, 2024

This judgement of LG Frankfurt, though might not be considered ‘landmark’, is definitely worth a mention for it necessarily outlined the desideratum of striking a right balance between these two discordant rights.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

Herbert Smith Freehills

JULY 6, 2022

In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". According to Nifty's rules, the highest 100 bidders were winners of a numbered edition of the artwork corresponding to the position of their respective bids.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

Copyright Lately

APRIL 23, 2021

AWH asserts that such a rigid definition of transformation can’t be squared with the facts or holding of Google , in which the defendant “copied” the plaintiff’s software code “precisely,” and did so for “the same reason” that the plaintiff wrote it.

Fair Use 54

Fair Use Copying Artistic Work Artwork 54

Traverse Legal Blog

APRIL 17, 2021

You’ll also get digital collectible album artwork. You will provide the NFT attached to your private key to Kings of Leon to receive your artwork, your album, and your digital download link. If you are a seller, what are your terms, what are you licensing regarding the artwork? That’s not a lot of information.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Patently-O

APRIL 18, 2024

Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” The parties have now filed their briefs, along with one law professor amicus brief in support of Thaler. Stephen Thaler developed an AI system he calls the Creativity Machine.

Copyright Law 63

Copyright Law Copyright Registration Inventor 63

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT. a wallet).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Copyright Lately

JANUARY 23, 2023

Sure, there’s a definition included in the 1976 Copyright Act itself, but barrels of ink have been spilled by copyright lawyers, scholars and judges trying to make sense of what it actually means. The Copyright Act Definition is Broad, But. You’d be wrong. 17 U.S.C. §

Derivative Work 107

Derivative Work Art Copying Fair Use 107

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent.

Derivative Work 115

Derivative Work Fair Use Licensing Art 115

The IP Law Blog

JANUARY 12, 2023

Whether it is a website designer hired to redesign a company website, a software developer hired to work on a company’s app, a graphic artist hired to create a new logo or artwork, or a copyrighter hired to write content, we have seen countless instances of these types of vendors taking shortcuts and “borrowing” assets from existing sources.

IP 98

IP Intellectual Property Social Media Cease and Desist 98