Artwork, Moral Rights and Presentation - Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Garrone subsequently contacted Koons several times (in 1997, 2007 and 2009) in order to obtain a declaration of authenticity from him and thus sell the artwork. Subsequently, the sculpture was shipped to Italy and held at customs in Milan.

Artwork

Artwork Moral Rights Art Litigation

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

APRIL 22, 2024

Mango, in turn, sustained in its defence that (i) as the rightful owner of the physical Paintings, it was entitled to display them in public, and that (ii) the creation of digital works (i.e. Therefore, the moral right of “disclosure” had already been exhausted. an exploitation that caused them no harm).

Copyright

Copyright Artwork Moral Rights Non-Fungible Tokens

Bracing for Impact Keynote Address Tells a Copyright Story Never Told: Art and Copyright in Ghettos and Concentration Camps

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

Art Copyright Moral Rights Fair Use

Fleshing out the copyright in a tattoo

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. Right: Photo courtesy of Katie Hagebols retrieved from [link]. What about moral rights?

Moral Rights

Moral Rights Copyright Artistic Work Artwork

“Sentiti Libera”: from street art in Genoa to the Manifesto Dress at Sanremo Music Festival 2023

The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February.

Art

Art Music Artwork Social Media

Analyzing relationship between Contemporary art and Intellectual Property Rights

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

Intellectual Property

Intellectual Property Art Artwork Intellectual Property Law

Generative AI and Copyright

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. ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use.

Copyright

Copyright Intellectual Property Ownership Technology

Canadian Perspectives on Artist Resale Rights

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Not all Canadian galleries oppose ARRs.

Art

Art Moral Rights Artwork Editing

When Do I Need a Model Release Form? (Plus a free sample!)

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. If either of these criteria is not present, then a release is not necessary. . The Purpose of a Model Release Form.

Publishing

Publishing Art Contracts Artwork

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

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] ” [5] The latter has become known as the “public presentation” exception. .”

Art

Art Artwork Law Moral Rights

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

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. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use

Fair Use Copyright Moral Rights Copyright Law

Honourable Justice Marshall Rothstein’s Keynote Commentary at Bracing for Impact Conference: “Why Has it Taken So Long?”

IPilogue

DECEMBER 1, 2022

Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. Justice Rothstein explained that the concerns raised by Dean Zemer would fit neatly into the Canadian understanding of moral rights. However, it is a worthwhile goal.

Moral Rights

Moral Rights Ownership Artwork Intellectual Property

Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Trending Sources

Bracing for Impact Keynote Address Tells a Copyright Story Never Told: Art and Copyright in Ghettos and Concentration Camps

Fleshing out the copyright in a tattoo

“Sentiti Libera”: from street art in Genoa to the Manifesto Dress at Sanremo Music Festival 2023

Analyzing relationship between Contemporary art and Intellectual Property Rights

Generative AI and Copyright

Canadian Perspectives on Artist Resale Rights

When Do I Need a Model Release Form? (Plus a free sample!)

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Honourable Justice Marshall Rothstein’s Keynote Commentary at Bracing for Impact Conference: “Why Has it Taken So Long?”

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