JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. 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.

Art 52

Art Copyright Law Fair Use Copyright 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 56

Art Plagiarism Artwork Graphic Design 56

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

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. 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

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Have any suggestions for the 3 Count?

Music 197

Music Art Artwork Copying 197

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. 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. Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

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

Traverse Legal Blog

OCTOBER 20, 2022

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.). What is Intellectual Property? What is a Non Fungible Token? How are Trademarks Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

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. It emerges that brands should pay for the use of street artworks.

Art 57

Art Copyright Moral Rights Cease and Desist 57

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

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

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright?

Designs 90

Designs Design Copyright Copyright Infringement 90

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. 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

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

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Any further infringement would necessitate legal action on the part of the parties.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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 123

Copyright Art Copyright Law Licensing 123

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 question is whether the creation and sale of NFTs is included in any of the exclusive rights provided to the copyright owner.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. 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

LexBlog IP

MAY 19, 2023

At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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

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

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 86

Copyright Law Art Copyright Law 86

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. There is a higher probability of such Output being considered as infringing by the courts, when a user uses ChatGPT’s Output for commercial purposes.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

Non-Fungible Tokens 92

Non-Fungible Tokens Blogging Copyright Marketing 92

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. The NFT isn’t the image.

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters.

Copyright 62

Copyright Technology Artwork Blogging 62

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

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Traverse Legal Blog

OCTOBER 20, 2022

NFTs are being used in all forms of entertainment, gaming, art and science. Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. This post is going to discuss the defense of “Fair Use” to a copyright infringement lawsuit or threat letter.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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? You might assume that the concept of a “derivative work” under copyright law would be simple to define. You’d be wrong. 17 U.S.C. §

Derivative Work 107

Derivative Work Art Copying Fair Use 107

LexBlog IP

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters.

Copyright 52

Copyright Technology Artwork Fair Use 52