IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. Furthermore, the resold artwork should be sold for a sum exceeding at least Rs.10,000

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history.

Ownership 52

Ownership Copyright Law Copyright Law 52

Dragons' Den

APRIL 4, 2024

From yard art to supplement drinks, there were a range of products to whet everyone's appetite in this week’s Dragons' Den episode! Creating Art First up are Grant and Charlotte who are cofounders of Yard Art UK Ltd. Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install.

Blogging 40

Blogging IP Artwork Intellectual Property 40

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. The art world is rife with the competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed.

Art 52

Art Artwork Social Media Marketing 52

Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear. Shortly following the Thaler decision, another artistic work created with generative AI was denied copyright protection.

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

IPilogue

SEPTEMBER 20, 2021

Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections. The labour, skills, and expertise required to create are apparent to anyone who dabbles in the fine arts or enjoys its casual consumption.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

SpicyIP

SEPTEMBER 9, 2023

The work was generated by the Midjourney image AI system. The work has garnered national attention for being the first AI-generated image to win the 2022 Colorado State Fair’s annual fine art competition. A few days back, the USCO refused to register this work as well.

Copyright 116

Copyright Registration Artistic Work Artwork 116

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

SEPTEMBER 20, 2023

The Geographical Indication Act of Goods Act 1999 – Certain textile and forms of art originate from specific regions, the GI Act aims to protect the location specific art form from unauthorized use and branding. In India, the Registrar of Copyrights divides the works to be registered into the following six categories: Part A.

Designs 92

Designs Design Copyright Copyright Infringement 92

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Firstly, the amendment 399 to Art.

Copyright 124

Copyright Art Copyright Law Licensing 124

IPilogue

NOVEMBER 17, 2021

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Andy Warhol’s “Prince Series”. Goldsmith , the U.S.

Fair Use 54

Fair Use Copying Artistic Work Artwork 54

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

JULY 20, 2022

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. The emergence of NFTs has been disruptive to the world of art. Image by Riki32 via Pixabay. The communication to the public right.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

Litigation 52

Litigation Artistic Work Branding Brands 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. The art world is rife with competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed. Wix : for pixel-perfect designs.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” The application asserted that the work was created autonomously by the machine and listed the machine as the author. .” Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? 101 Notice that a derivative work is defined as one that’s “based upon” one or more preexisting works. . § 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Judge Rakoff did observe that use of NFTs in connection with the underlying work should not automatically strip the work of artistic significance. Grimaldi , 875 F.2d

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Sony argued that its statements were noncommercial because they pertained to art and identified an artist, whose identity “can be an important component of understanding the art itself.” “But citing Hustler v. Falwell and Mattel v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.).

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kashishipr

AUGUST 17, 2022

Copyright – Copyright safeguards the original creative and artistic works such as audio recordings, photographs, cinematographic films, art, text, videos, and other original creations. It grants copyright holders the exclusive right to display, perform, or distribute their original works.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 106

Social Media IP Business Branding 106

Kluwer Copyright Blog

JUNE 30, 2021

107, as the film provides commentary on the art of burlesque. This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

SpicyIP

MARCH 11, 2024

The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

Trademark 59

Trademark Registration Copyright Patent 59

Kluwer Copyright Blog

NOVEMBER 20, 2022

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. Thus, not only it is for the authority taking care of the artwork (e.g. Second, Art.

Artwork 56

Artwork Public Domain Art Copyright 56

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Question presented : Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Art Law Journal

SEPTEMBER 7, 2022

An artist residency is a great opportunity in a creative’s career to spend dedicated time on artwork as well as to meet new artists. There is a lot to consider before and during the application process, such as working spaces, finances, and how to catch the attention of application reviewers.

Artistic Work 52

Artistic Work Artwork 52

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Designs 143

IP and Legal Filings

OCTOBER 19, 2022

The unawareness of parties on sale platform and freedom to set prices as one wishes may turn the high-value art to be an object for money laundering. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

Artwork 62

Artwork Copying Contracts Copyright 62

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52