The IPKat

FEBRUARY 3, 2023

This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse.

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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. Of note, in DRG Inc.

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Ownership Intellectual Property Artwork Copyright Law 103

The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 120

Art Copyright Registration Fair Use 120

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.

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Non-Fungible Tokens Art Due Diligence Social Media 125

LexBlog IP

SEPTEMBER 8, 2023

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Paul Getty Museum, the Metropolitan Museum of Art, the Louvre Museum, and the Victoria & Albert Museum. [6] 5] The list of the museums whose collections were inquired about include recognizable names such as the J. 6, 2023), [link]. [2]

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IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Berline was not the only individual who managed to create art under unimaginable circumstances.

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Art Copyright Moral Rights Fair Use 106

IP Law 360

JULY 27, 2023

A California art collector says a federal court got it right the first time when it dismissed him from a dispute over ownership of the movie poster artwork for "Blade Runner," arguing in briefs Wednesday that the court correctly found he had insufficient contact with Pennsylvania for its courts to have jurisdiction over him.

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Artwork Ownership Art 75

LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Art theft is nothing new, but NFTs turn these existing precedents upside down.

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LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. However, in 5Pointz the building owner consented to the artwork installation. ” Canilao v.

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The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”.

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LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 52

Art Copyright Registration Fair Use 52

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Non-Fungible Tokens IP Ownership Contracts 98

Traverse Legal Blog

APRIL 17, 2021

What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? SuperRare – Curated artists – a premier destination in the NFT art – quality over quantity. Was that ownership transferred, and if so, to whom?

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Due Diligence Licensing Non-Fungible Tokens Copyright 113

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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IPilogue

MARCH 2, 2023

Some tattoo artists may see copyright protection and the ability to raise an infringement claim as a just outcome or a validation of their art. This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed.

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LexBlog IP

FEBRUARY 21, 2022

High-profile art NFT projects include those by artist Beeple , who sold his digital art NFT for a record-breaking $69 million, and CryptoPunks , and The Bored Ape Yacht Club , which are NFT collections commonly used as profile pictures and confer other social benefits. .” What is the (Legal) Bottom Line?

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Ownership Art Artwork Non-Fungible Tokens 52

Traverse Legal Blog

MARCH 8, 2022

art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights.

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IPilogue

OCTOBER 7, 2022

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”. Inuit Art Foundation’s website. Not all Canadian galleries oppose ARRs.

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Art Moral Rights Artwork Editing 105

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain.

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Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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Licensing Non-Fungible Tokens Artwork Contracts 95

IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

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Intellectual Property Artwork Social Media Copyright 112

Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.” Perlmutter, et.

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Copyright Copyright Law Artistic Work Ownership 147

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. TOMMY JEANS. March 4, 2022. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 122

IP Tech Blog

JANUARY 4, 2023

It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. As it may be inferred from the Chinese name “Digital Collection” (数字藏品, the “DC”), most NFTs in China assume the form of works of art, photographic works, etc.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

NOVEMBER 6, 2023

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA) under a search warrant issued by a New York court. Ownership Interest In the case of Republic of Croatia v.

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Ownership Art Due Diligence Law 52

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. Therefore, it can come in a variety of shapes, including artwork, music, videogame collectibles, trading cards, and even memes. NFTs are viewed as the future of ownership by enthusiasts.

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LexBlog IP

JULY 13, 2021

Who has not heard of the $69 million price tag on Everydays – the First 5000 Days and other outlandish prices for digital art. This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. Digital art is not new, either.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

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.”

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LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] .” [2]. ” [10]. ” [10].

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”.

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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. UDHR, and 15.1

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Copyright Art Copyright Law Licensing 124

CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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Copyright Artwork Public Domain Copyright Law 98

The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

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The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

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Non-Fungible Tokens Artwork Editing Contracts 144

LexBlog IP

SEPTEMBER 2, 2022

The artworks stolen by the Nazis are the last prisoners of World War II. In his absence, the Nazis took over his home and seized his artworks, which included the Klimt paintings. After a long-lasting legal battle over the ownership of the painting in the U.S. – Ronald Lauder, Woman in Gold.

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