The IPKat

SEPTEMBER 3, 2022

This is a book review of ‘ Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author ’, by Professor Kathy Bowrey , UNSW, Sydney. It seeks to address questions of how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries.

Copyright 95

Copyright Music Intellectual Property Marketing 95

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

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

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. Trademark law has something to say about use.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman.

Public Domain 127

Public Domain Copyright Artwork Intellectual Property 127

Art Law Journal

APRIL 22, 2021

Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […]. Users can create customizable products featuring their own photos or other graphic designs.

Copyright Infringement 52

Copyright Infringement Graphic Design Copyright Business 52

Art Law Journal

MAY 21, 2021

DMCA stands for the “Digital Millennium Copyright Act.” website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.”

Copyright 75

Copyright Art Law Copyright Infringement Art 75

The IPKat

OCTOBER 31, 2021

Events NYU Law Forum - Memes on Memes and the New Creativity On 3 November 2021, NYU Law Forum - Memes on Memes and the New Creativity will be held online at 5:45PM (CET) for a discussion on the First Amendment, intellectual property, and art law to place a phenomenon of our digital era into a broader legal, historical, and cultural context.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

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. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

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

MARCH 4, 2021

Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.

Designs 52

Designs Design Journalism 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

MARCH 4, 2021

Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners.

Designs 64

Designs Design Intellectual Property Art Law 64

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

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

MAY 20, 2018

Copyright Office will alter the way it accepts applications for copyright registration of photographs. Chris Reed. On February 20, The U.S. Here's what you'll need to know moving forward.

Registration 52

Registration Copyright Law Art Law 52

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

Clancco

AUGUST 4, 2021

Eric Goldman gives us a generous overview of the Copyright Claims Board , otherwise known as the CCB.

Copyright 52

Copyright Art Law Art Intellectual Property 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

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

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

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

FEBRUARY 4, 2021

As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. Steve Schlackman. Nobody can copy, distribute, or display the work without the author’s permission. When a painting is sold, the buyer owns the painting itself, but does not have the right to use that image for […].

Copying 53

Copying Copyright Licensing Intellectual Property 53

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

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