Expert insights. Personalized for you.
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. MORE
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 MORE
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., MORE
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. MORE
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. MORE
SEPTEMBER 17, 2021
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. 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. MORE
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 MORE
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. MORE
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 MORE
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? MORE
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. MORE
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. MORE
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 MORE
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., MORE
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? MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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”? MORE
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. MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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 MORE
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 [.]. MORE
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? MORE
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? MORE
Art Law Education Feature art law program Contracts Copyright corporations Free Speech sergio munoz sarmiento the art and law programAPPLICATIONS FOR THE NEXT TERM ARE NOW BEING ACCEPTED. The deadline for submitting your application for the next term is November 30, 2021. MORE
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. MORE
Art Related Topics Art Law Journal
DECEMBER 1, 2020
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.
Plagiarism Today
OCTOBER 7, 2021
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.
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Art Law Journal
APRIL 6, 2021
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.
Patently-O
AUGUST 17, 2021
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.
The IPKat
AUGUST 24, 2021
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 Law Journal
DECEMBER 1, 2020
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.
Clancco
JULY 31, 2021
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.
Art Law Journal
JANUARY 7, 2021
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?
IP.com
AUGUST 3, 2021
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.
JD Supra Law
SEPTEMBER 17, 2021
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 Law Journal
MARCH 16, 2021
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 Law Journal
FEBRUARY 16, 2021
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
JD Supra Law
SEPTEMBER 17, 2021
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.
The Illusion of More
JUNE 29, 2021
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.
Larson & Larson
FEBRUARY 13, 2021
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 Law Journal
MARCH 25, 2021
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.
Copyright Lately
OCTOBER 10, 2021
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 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. Intellectual Property Apps & Software Art Law Copyright Act Copyright infringementSteve Schlackman.
IP Watchdog
AUGUST 18, 2021
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.
Dear Rich IP Blog
OCTOBER 5, 2021
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.
Art Law Journal
MAY 3, 2018
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.
IP Law 360
OCTOBER 8, 2021
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 Law Journal
JANUARY 7, 2021
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
IAM Magazine
SEPTEMBER 30, 2021
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
Art Law Journal
APRIL 29, 2021
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.
JD Supra Law
AUGUST 2, 2021
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
JD Supra Law
OCTOBER 12, 2021
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
Art Law Journal
APRIL 29, 2021
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.
JD Supra Law
SEPTEMBER 1, 2021
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.,
IP.com
JULY 18, 2021
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?
Creative Law Center
SEPTEMBER 12, 2018
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.
JD Supra Law
AUGUST 12, 2021
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.
CoCal IP Law Institute
JULY 21, 2021
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 Law Journal
JULY 26, 2018
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
Patently-O
OCTOBER 4, 2021
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?
JD Supra Law
OCTOBER 14, 2021
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.
Clancco
MARCH 18, 2021
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.
JD Supra Law
AUGUST 5, 2021
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.
Patently-O
OCTOBER 4, 2021
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 Law Journal
MARCH 2, 2021
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.
LexBlog IP
OCTOBER 5, 2021
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 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. Intellectual Property Copyright Act Copyright infringement Fair use featured FIne Art Public Domain
JD Supra Law
OCTOBER 15, 2021
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents.
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