Street Art or Vandalism?

Art Law Journal

Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal? Attribution & Integrity Copyright Act Free Speech Graffiti Art Stolen Art Visual Artist Rights ActNicole Martinez.

Art 82

Parsing the Plagiarism of the Bad Art Friend

Plagiarism Today

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? Almost immediately, the “Bad Art Friend” meme was born as people took to Facebook and Twitter to discuss the various ethical questions raised.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

How An Art Dealer Decides

Art Law Journal

We sat down with Gallery Owner MK Semos for her take on making a living in the arts, developing an awesome gallery-program, and why she chooses to take on an artist. The post How An Art Dealer Decides appeared first on Art Business Journal.

Art 83

Authenticating Prior Art

Patently-O

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

Art 94

Book Review: Art and Copyright

The IPKat

Here is what Alexander has to say: It was a delight to learn last year that Simon Stokes, copyright solicitor at Blake Morgan in London, was working on a third edition of his eminently useful Art and Copyright. TheIPKat art Book review copyright Hayleigh Bosher

Art 82

Street Art or Vandalism?

Art Law Journal

Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal? The post Street Art or Vandalism? appeared first on Art Business Journal.

Art 52

Classic art comes alive

Clancco

Although to some in the art industry Pornhub’s appropriation of classic artworks seems a bit tasteless. Copyright appropriation art metropolitan museum of art museums pornhub prado sex sexualitySo to speak.

Can You Spot a Fake? The Trouble with Authenticating Art

Art Law Journal

What are the legal remedies when a purchased artwork is discovered to be an art forgery? Art Theft & Fraud Art Business Art Collectors Art Law FIne Art Stolen ArtNicole Martinez. What are the challenges for collectors in authenticating artworks?

The Importance of Comprehensive Prior Art Analysis

IP.com

Taking a deep dive into relevant prior art is an essential part of the innovation lifecycle. Thorough prior art analysis guides your business’s IP strategy, from competitive intelligence to resource.

Art 86

CAFC: Nearly Identical Reference is Prior Art

JD Supra Law

August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference. . In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd.,

Art 85

Build an Art Collection that Supports Emerging Artists

Art Law Journal

Whether or not an artist’s work is selling or being shown extensively shouldn’t be the only factor considered when building an art collection. The post Build an Art Collection that Supports Emerging Artists appeared first on Art Business Journal.

Art 83

The Art Business Documents You Need to Sell Your Work

Art Law Journal

These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal. Marketing documentation collector selling art

Art 83

Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods.

Podcast: Photography, Art & Copyright with Eric O’Connell

The Illusion of More

In this episode, I talk to art and commercial photographer Eric O’Connell, who is also an associate professor of practice at Northern Arizona University. The post Podcast: Photography, Art & Copyright with Eric O’Connell appeared first on The Illusion of More.

Art 77

Prior Art: The Patent Pitfall

Larson & Larson

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? ’ ‘Prior art’ is catchier.

Art 52

Who Owns the Copyright in Your Tattoo Art?

Art Law Journal

Intellectual Property Art Law Copyright Act Copyright infringement Copyright Registration Work Made for HireNicole Martinez. You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them.

Art 81

Was Mark Twain the Original “Bad Art Friend”?

Copyright Lately

If you have a subscription to The New York Times —or frankly, any sort of internet access whatsoever—you’ve no doubt heard by now about the “ Bad Art Friend.” The post Was Mark Twain the Original “Bad Art Friend”?

Art 82

Who holds the Copyright in AI Created Art

Art Law Journal

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. Intellectual Property Apps & Software Art Law Copyright Act Copyright infringementSteve Schlackman.

Art 83

In Partial Reversal of Two IPRs, CAFC Says PTAB Erred in Prior Art Determination

IP Watchdog

Courts Federal Circuit IP News IPWatchdog Articles Litigation Patents USPTO CAFC intellectual property inter partes review IPR patent Patent Litigation patent office Patent Trial and Appeal Board Patentability patents printed publications prior art PTABOn August 17, the U.S.

Art 101

Can I Use Fan Art in a Music Video?

Dear Rich IP Blog

Dear Rich: My teen has drawn several pieces of "fan art," following a challenge to begin with a known character and re-draw it into something more original. Fan art involves the creation of a derivative work and only the copyright owner can grant permission for making derivatives.

Music 52

These Techniques Can Detect Art Forgery

Art Law Journal

Art forgery remains a rampant issue within the art market and recent cases serve as a reminder of the need for highly technological tools to combat the practice. Art Theft & Fraud Art Law FIne ArtSteve Schlackman.

Art 52

Bad Copyright Friend: When Can't Art Imitate Life?

IP Law 360

The New York Times Magazine's "Bad Art Friend" saga captured the imagination of the internet this week, detailing a juicy dispute in which a writer-turned-kidney donor accused a fellow author of cribbing details from her charitable journey for a fictionalized short story

Art 79

Can You Spot a Fake? The Trouble with Authenticating Art

Art Law Journal

What are the legal remedies when a purchased artwork is discovered to be an art forgery? The Trouble with Authenticating Art appeared first on Art Business Journal. Legal Copyright & Trademarks Stolen Art

Closest prior art for invalidation proceedings

IAM Magazine

According to China’s local practice, there are three steps to follow when determining whether a claimed invention is obvious when compared to the prior art: Supplement article

How to License Your Art Successfully

Art Law Journal

Art licensing today is a lucrative industry and a great way to supplement your art income. Find out how to approach buyers that may want to license your art or whether it is better for you to just hire a licensing agent to do it for you.

Legal Protection for the Software Arts — Part 4

JD Supra Law

To determine which computer program elements are copyrightable, the federal courts (which have exclusive jurisdiction over US copyright cases) commonly identify and analyze each of the program’s literal and non-literal elements under one of three principal tests: By: Kidon IP

Art 100

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them. By: Morgan Lewis

How to License Your Art Successfully

Art Law Journal

Art licensing today is a lucrative industry and a great way to supplement your art income. Find out how to approach buyers that may want to license your art or whether it is better for you to just hire a licensing agent to do it for you. Steve Schlackman.

Federal Circuit Takes Judicial Notice of Wayback Machine Evidence of Prior Art

JD Supra Law

the Federal Circuit appears to have cleared the way for district courts to take judicial notice of Wayback Machine captures as evidence of prior-art printed publications. In its Aug. 17 decision in Valve Corporation v. Ironburg Inventions Ltd.,

Art or IP? What Amazon’s Acquisition of MGM Teaches Us

IP.com

Acclaimed filmmaker Martin Scorsese noted in a Harper’s Magazine essay earlier this year that “the art of cinema is being systematically devalued, sidelined, demeaned, and reduced to its lowest common. The post Art or IP?

How to Use Famous People in Fiction, Art, & Film

Creative Law Center

Knowing how to use famous people in your fiction, art, or film can keep you from getting turned down by a publisher or producer or getting sued by a celebrity. The post How to Use Famous People in Fiction, Art, & Film appeared first on Creative Law Center.

Art 130

Legal Protection for the Software Arts — Part 5

JD Supra Law

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

Pleading Infringement does not Require Claim Element-by-Element Infringement Pleadings and Proving Internet Publications that are Prior Art

CoCal IP Law Institute

Pleading Infringement does not Require Claim Element-by-Element Pleadings and Proving Internet Publications that are Prior Art Our weekly SoCal IP Institute meeting on Monday, July 26, 2021 will be a presentation by Angelo Gaz and discussion of a CAFC finding that pleading infringement does not require claim chart level assertions and a PTAB finding that [.].

Art 40

Finding Forgeries in the Online Art Market

Art Law Journal

While forgeries in the online art market are prevalent, art forgeries in the general art market are hardly rare. Art Law Journal reviews what collectors should watch out for, including provenance and appropriate documentation. Art Theft & Fraud Fake featured Forgery

Art 52

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Our analysis resoundingly confirms that both regimes matter and that the pre-AIA prior art regime appears likely to continue to be relevant for much of the next decade. Doerre, Is There Any Need to Resort to a § 101 Exception for Prior Art Ideas?

Design Patent Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture

JD Supra Law

Finding that the Patent Trial & Appeal Board (Board) applied an erroneous interpretation of claim scope, the US Court of Appeals for the Federal Circuit reversed a Board decision upholding an examiner’s rejection of a lip implant design patent as anticipated by a non-analogous art tool.

What the hell are NFTs, and why is the art world crazy over them?

Clancco

If you’re still lost as to what the fundamentals of NFTs are, I explain it here in an art & law essay from 2008, including how NFT’s are really not anything new but rather just another property right, albeit one that could revolutionize art.

Patent Owner’s Unpatentability Concession in IPR Insufficient to Trigger Estoppel of System Prior Art in District Court

JD Supra Law

The Eastern District of Texas has rejected a plaintiff’s argument that if a patent owner concedes in an inter partes review (IPR) that a prior art reference discloses all elements of a patent claim, the reference necessarily subsumes all other prior art disclosing those elements.

Art 83

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Our analysis resoundingly confirms that both regimes matter and that the pre-AIA prior art regime appears likely to continue to be relevant for much of the next decade. Doerre, Is There Any Need to Resort to a § 101 Exception for Prior Art Ideas?

Art 83

Returning to Your Art Studio After a Hiatus

Art Law Journal

Redefining your artistic intention and drawing inspiration from others is a useful approach when returning to your art studio after a long hiatus or break. The post Returning to Your Art Studio After a Hiatus appeared first on Art Business Journal.

An Invalidated Patent Still Qualifies As 102(e) Art

LexBlog IP

In reaching its conclusion, the court clarified that a prior art patent that has previously been invalidated still qualifies as prior art under pre-AIA 102(e). In asserting that the challenged claims were invalid, BD relied primarily on three prior art references: U.S.

Art 52

The College Art Association Guide to Fair Use

Art Law Journal

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. Intellectual Property Copyright Act Copyright infringement Fair use featured FIne Art Public Domain

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

JD Supra Law

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents.