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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

There seems to have always been tension between artistic creativity and copyright law. Copyright, in the simplest terms, is “ the right to copy.” In 2019, a group of renegade artists developed an app called MoMAR that mocked the iconic paintings by Jackson Pollock at the Museum of Modern Art (MoMA) in New York.

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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. Furthermore, the resold artwork should be sold for a sum exceeding at least Rs.10,000

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AI Generated Art and its conflict with IPR

IIPRD

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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3 Count: Polish Rejection

Plagiarism Today

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.

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Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

IPilogue

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

In February 2019, Tamita Brown, Glen S. Since the Second Circuit found the use of the song in the film fair and thus there was no direct infringement, the claims for secondary copyright infringement were also dismissed. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Fair Use 103
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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

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.

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