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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? s advertisement for hats, copying Sarony’s Oscar Wilde No. By guest blogger Prof.

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Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Scenario 3 – Reproduction of artworks displayed in a public space and in the public domain.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

19] In addition, the panel distinguished the Prince Series from the Warhol-like painting the Google court had described in dicta , noting that “[t]he fact that the Goldsmith Photograph and the Prince Series were both created for artistic purposes makes this a different case from, for example, ‘[a]n artistic painting. Corel Corp. ,

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The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. The example of the application of this model is the way Jstor works.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.

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