Art Law Journal

SEPTEMBER 29, 2020

A team of scientists, programmers and historians have created an algorithm that created a physical work of art that mimics the look of a genuine Rembrandt painting. But can a computer generated work have copyright protection?

Art 84

Art Copyright Art Law Copyright Infringement 84

Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. Steve Schlackman. That is probably because, before 1990, there wasn’t much protection for building designs. With the passage […].

Designs 52

Designs Design Copyright Copying 52

Art Law Journal

DECEMBER 4, 2020

DMCA safe harbor shields internet service providers from any copyright infringement liability. Nicole Martinez. Here's what artists can do to protect their work.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Art Law 52

Art Law Journal

DECEMBER 17, 2020

In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States. Steve Schlackman.

Copyright 57

Copyright Copyright Infringement Intellectual Property Law 57

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Art Law Journal

NOVEMBER 12, 2020

Given the popularity of street art, video mash-ups, remixes, or pop art, it's important to know whether the works being used are copyright-free. Steve Schlackman.

Copyright 82

Copyright Art Public Domain Copyright Infringement 82

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? Louis Smoller. It may be possible if you analyze the orphan work properly.

Copyright 58

Copyright Public Domain Fair Use Copyright Infringement 58

Art Law Journal

APRIL 5, 2020

Find out so you can ensure that your work is copyright protected. Chris Reed. At what point does a creative work become protectable?

Copyright 52

Copyright Copyright Infringement Registration Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use 52

Fair Use Art Art Law Law 52

Art Law Journal

JUNE 16, 2022

The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Before you can initiate any action against a party who has used your artwork without permission, they must have violated your copyright.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

LexBlog IP

JULY 14, 2023

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]

Art 52

Art Copyright Copying Art Law 52

Art Law Journal

MARCH 13, 2018

The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. For years, videographers have used music as a backdrop in their films, short videos, and documentaries. This has been a standard practice since the dawn of music recordings.

Music 52

Music Licensing Copyright Law 52

LexBlog IP

JUNE 27, 2023

In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of precedent – though this time in the intellectual property arena. Goldsmith [1] also has the potential to upend long-held practices in the art world. Goldsmith counter-sued, claiming copyright infringement.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Art Law Journal

JANUARY 14, 2021

Steve Schlackman. Picking a name for a business or product is one of the first steps for any new venture. However, many companies don’t register their trademarks during the start-up phase, usually waiting until a later time when sufficient cash is available if registered at all. That decision is a bit of a gamble.

Trademark 55

Trademark Business Cease and Desist Copyright Infringement 55