Art, Artistic Work, Copying and Derivative Work

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

Derivative Work

Derivative Work Editing Copyright Music

Welcome to the Multiverse: Derivative Works

LexBlog IP

AUGUST 31, 2021

.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

Derivative Work

Derivative Work Artistic Work Licensing Ownership

Using that classic piece of art on a book cover: Grr…

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church.

Art

Art Artwork Copying Moral Rights

Artists Attack AI: Why The New Lawsuit Goes Too Far

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? None of it includes copies of images. The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work

Derivative Work Art Copying Fair Use

What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. Protection of an Artistic Work–. Even if it might be difficult, ending every duplication of one’s art is not entirely impossible.

Intellectual Property

Intellectual Property Designs Design Artwork

What Protects The Intellectual Property Created By Artists Or Designers?

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

Intellectual Property Designs Design Artwork

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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] Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12] 1183 (2021).

Fair Use

Fair Use Derivative Work Art Licensing

Which Type of Intellectual Property Protection Do I Need?

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. Your Copy-Rights.

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Which Types of IP (Intellectual Property) Protection Do Artists Need?

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. Your Copy-Rights. Trademarks.

Intellectual Property

Intellectual Property IP Invention Designs

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Andy Warhol Foundation for the Visual Arts, Inc. Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

Fair Use

Fair Use Derivative Work Blogging Licensing

Does Transformative Matter? No, At Least Where Use Is Commercial

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. In a broad sense, a use that has a distinct purpose is justified because it furthers the goal of copyright, namely, to promote the progress of science and the arts, without diminishing the incentive to create.

Fair Use

Fair Use Derivative Work Art Licensing

Copyright and Transformative Fair Use

Patently-O

OCTOBER 11, 2022

The Supreme Court has taken-up the case to consider the extent that the doctrine of transformative fair use should value “differences in meaning or message,” especially in cases where the works share core artistic elements and have the same purpose. Court of Appeals for the 2nd Circuit has held). Richard Prince , 714 F. 3d 694 (2d Cir.

Fair Use

Fair Use Copyright Derivative Work Art

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

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

Copyright Derivative Work Fair Use Copyright Law

Can I register my architectural work? A glance through copyright in Peru

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright

Copyright Moral Rights Derivative Work Registration

Intellectual Property Pulse

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

Welcome to the Multiverse: Derivative Works

Trending Sources

Using that classic piece of art on a book cover: Grr…

Artists Attack AI: Why The New Lawsuit Goes Too Far

What Protects The Intellectual Property Created By Artists Or Designers?

What Protects The Intellectual Property Created By Artists Or Designers?

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Which Type of Intellectual Property Protection Do I Need?

Which Types of IP (Intellectual Property) Protection Do Artists Need?

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Does Transformative Matter? No, At Least Where Use Is Commercial

Copyright and Transformative Fair Use

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Can I register my architectural work? A glance through copyright in Peru

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