LexBlog IP

JUNE 15, 2023

IPNews® – This week, a federal judge in Miami ruled that artwork featuring a banana duct taped to a wall does not infringe the copyright of a banana and orange duct taped to a wall. In a very bizarre case, the judge ruled that the idea of affixing fruit to a wall with duct tape cannot be protected by copyright.

Art 52

Art Copyright Artwork Copyright Infringement 52

IPilogue

JUNE 13, 2022

Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 55

Art Plagiarism Artwork Graphic Design 55

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 52

Art Plagiarism Artwork Graphic Design 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

In China’s first copyright infringement case including NFT digital work, a court recently decided. defendant), who controls the marketplace of NFT Bigverse, a digital art trading platform. If it fails to do so, the NFT platform may face copyright infringement penalties. Background.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

In China’s first copyright infringement case including NFT digital work, a court recently decided. Background (NFT Copyright). defendant), who controls the marketplace of NFT Bigverse, a digital art trading platform. If it fails to do so, the NFT platform may face copyright infringement penalties.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

JIPEL Copyright Blog

APRIL 11, 2022

In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects. for the Visual Arts, Inc. Andy Warhol Found. Goldsmith, No. 19-2420-cv, 2021 U.S. LEXIS 25277 (2d Cir.

Art 52

Art Copyright Law Fair Use Copyright 52

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

Copyright 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

Settlement 173

Settlement Registration Artwork Art 173

Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

Music 207

Music Art Artwork Copying 207

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. company specializing in greeting cards depicting street art, subsequently used this image in their products. Typically, artists protect their artwork using only copyright law. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 105

IPilogue

SEPTEMBER 23, 2022

Recently, Shein is once again being sued for copyright infringement. District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI-related copyright cases.

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith. The photographer threatened to sue the Foundation alleging copyright infringement.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

Art 57

Art Copyright Moral Rights Cease and Desist 57

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. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

Ownership 52

Ownership Copyright Law Copyright Law 52

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. Copyright, in the simplest terms, is “ the right to copy.”

Copyright Law 111

Copyright Law Copyright Law Art 111

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IPKat

DECEMBER 14, 2023

Today, we begin with developments in the copyright field. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 69

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 69

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Plagiarism Today

AUGUST 18, 2021

Though originally released in 2018, Among Us became wildly popular during the pandemic, with streamers and gamers alike discovering it and enjoying both the cartoonish art style and the intrigue of trying to suss out who the imposters are. To be clear, this doesn’t mean that a copyright infringement or other lawsuit is coming.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

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. Goldsmith’s photo can be found here , as well as Warhol’s commercial use.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 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.

Designs 90

Designs Design Copyright Copyright Infringement 90

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

Copying 52

Copying Artwork Ownership Copyright 52

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) Is the Spanish implementation of Art. moral rights. 17 CDSM compatible with EU law?

Blogging 112

Blogging IP Moral Rights Artwork 112

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. Image by Riki32 via Pixabay. The communication to the public right.

Copyright 132

Copyright Copying Non-Fungible Tokens Copyright Law 132

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). Firstly, the amendment 399 to Art.

Copyright 122

Copyright Art Copyright Law Licensing 122

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Andy Warhol Foundation for the Visual Arts, Inc. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Yuga Labs, therefore, still owns the copyright in each NFT. The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”. These digital files are freely downloadable by everyone (there is no DRM protection in NFTs).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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? In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. 17 U.S.C. §

Derivative Work 106

Derivative Work Art Copying Fair Use 106

Kluwer Copyright Blog

JUNE 19, 2023

In contrast, some NFT holders have a ‘Commercial Use’ license, i.e., an ‘unlimited, worldwide license to use, copy and display the purchased art for the purpose of creating derivative works based upon the art’. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. Some assets that have been the subject of NFTs so far include highlight reels of games , collectibles such as trading cards , and other forms of digital arts. This has manifested in the pitting of rights of NFT purchasers against the rights of owners of the underlying art.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

IP Tech Blog

JANUARY 4, 2023

The purpose of copyrights is to protect creative works, including writings, from infringement. The Copyright Act today includes an “ever expanding understanding of the word ‘writings.’” There are two cases that could help NFT owners better understand how to protect their property under copyrights. Applicable IP rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109