IP and Legal Filings

APRIL 12, 2022

These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. District Court of the Northern District of California (“District Court”) addressed the issue of liability of an online retailer for copyright and trademark infringement done because of the user submissions, on January 28, 2021.

Art 52

Art Trademark Copyright Copyright Infringement 52

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

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 92

Copyright IP Social Media Copyright Infringement 92

43(B)log

AUGUST 3, 2023

Alfred Yen, A Federal Rules of Evidence Perspective on Forensic Musicology and Music Copyright Infringement Juries hear a lot of forensic musicology evidence they shouldn’t which confuses them and leads to poorer decisionmaking in music © infringement cases. That’s why he’s interested in the expert’s foundation.

Music 52

Music Art Copying Licensing 52

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Yuga Labs, therefore, still owns the copyright in each NFT. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

SEPTEMBER 22, 2022

The Destiny 2 player also stood accused of selling Bungie emblems (a type of digital art) on third-party platforms, including pieces associated with Bungie’s charity work, again in breach of the LSLA. Copyright Infringement? The Ninth Circuit disagreed and said that any claim would need to be pursued under contract law.

Copyright Infringement 121

Copyright Infringement Contracts Licensing Copyright 121

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 17 of the CDSM Directive (implemented in Italy through Art. 102- septies of the Italian Copyright Law). Firstly, Art.

Music 98

Music Art Licensing Copyright 98

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. One such area where copyright violations are common is the internet.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art 52

Art Ownership Fair Use Copyright Infringement 52

The IPKat

MAY 9, 2023

In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3 Statutory copyright protection remains unaffected. […] § 13. The client owns the copyright to the image of the building, which is the object of this contract. (2)

Copyright 52

Copyright Moral Rights Contracts Art 52

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. If they don’t embed an underlying asset, they likely don’t even fall within the subject matter of copyright. Is the sale of a single work of original art considered to be a publication?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

FEBRUARY 28, 2022

Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. The German implementation of Art. 14 UrhDaG).

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Art Copyright Law Copyright Law 56

TorrentFreak

AUGUST 20, 2022

The UFC’s reputation as the world’s leading mixed martial arts promotion is the result of almost three decades of hard work and unwavering dedication to combat sports. Contracts that ban fighters from being independently and visibly sponsored at the most lucrative times are another point of contention.

Fair Use 107

Fair Use Copyright Licensing Intellectual Property 107

The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. Is "communication to the public" in Art. Is "communication to the public" in Art. 2(a) and (e) and Art.

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Television Art Advertising Advertising 145

Kluwer Copyright Blog

APRIL 24, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry , which was prepared by the authors for the World Intellectual Property Organization.

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Copyright Intellectual Property Copyright Infringement Copying 60

LexBlog IP

DECEMBER 21, 2023

Additionally, the court stated, the two films were significantly different so as to conclude there was no infringement, even if it could be shown there was access. The court also found that Jones didn’t enter into any implied contract with the agency or studios, and thus could not allege breach of contract. 36(a)(1). [3]

Copying 52

Copying Contracts Copyright Infringement Television 52

Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law.

Law 63

Law Copyright Law Copyright Contracts 63

JIPEL Copyright Blog

MARCH 29, 2022

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

Traverse Legal Blog

APRIL 1, 2021

Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. Different types of information can be stored on a blockchain including ledger information and smart contracts.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

OCTOBER 10, 2023

This post reflects on the role of exploiters, namely copyright holders with exploitation rights lacking any artistic contribution (e.g. The introduction of art. 17 Copyright in the Digital Single Market (DSM) Directive is the latest regulatory instrument to entrench the status of exploiters. 4(2) Information Society Directive.

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Art Music Copyright Copyright Law 88

The IPKat

SEPTEMBER 12, 2021

The meeting will also touch upon the Court’s tendency to place more and more emphasis on the subjective knowledge of both right holders and platforms in regards to copyright infringements. To register and receive meeting details please send an email to ida@dsfo.dk. 8 CDSM to widen public access to their out-of-commerce works.

Intellectual Property 78

Intellectual Property IP Branding Brands 78

Kluwer Copyright Blog

JANUARY 4, 2024

USM Haller – in late December, the German Federal Court of Justice submitted questions to CJEU concerning concept of “works” as used in copyright law, specifically in connection to works of applied art (background information available here ).

Copyright Law 72

Copyright Law Law Copyright Reporting 72

Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

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Copyright Blogging Fair Use Reporting 95

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

LexBlog IP

NOVEMBER 28, 2023

This is an efficient result that mitigates risk to the business, but ultimately, without testing the merits of creators’ demands in court, it is difficult to know the true state of the art with these questions. Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc. Warner Bros.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Plagiarism Today

AUGUST 2, 2022

Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism.

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Copyright Non-Fungible Tokens Technology Plagiarism 234

LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. For those willing to accept the work, expect strong warranties and artist indemnification contract clauses. for the Visual Arts, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces. Interestingly enough, copyrights play a pivotal role in the NFT market. Smart contracts are contracts that are used to regulate NFT transactions.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. Leone has done all three, and this action is the consequence.”

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Social Media Derivative Work Contracts Licensing 129

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

OCTOBER 19, 2023

A human’s guidance or creative decision-making can make an AI work eligible for copyright protection. Thaler sought copyright for an art piece produced by his AI system, “Creativity Machine.” District Court, however, ruled against him, underscoring the necessity of human authorship for copyrightability.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Traverse Legal Blog

OCTOBER 19, 2023

A human’s guidance or creative decision-making can make an AI work eligible for copyright protection. Thaler sought copyright for an art piece produced by his AI system, “Creativity Machine.” District Court, however, ruled against him, underscoring the necessity of human authorship for copyrightability.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

IP and Legal Filings

NOVEMBER 11, 2022

Most types of creative works protectable by copyright in Europe are protectable by copyright in China Traditional types of creative works such as books, music, recordings, plays, films, paintings, sculptures, photographs, etc., enjoy copyright protection in China. Copyright arises on the date the original work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

Kluwer Copyright Blog

SEPTEMBER 8, 2022

“Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art.

Blogging 52

Blogging Law IP Copyright 52

The IPKat

DECEMBER 13, 2022

Also in April, a popular Nigerian musician, Veno Marioghae Mbanefo decided to request the Nigerian Copyright Commission (NCC) to use its investigative and prosecutorial powers to investigate and possibly prosecute Airtel Network Limited for copyright infringement.

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Copyright IP Music Ownership 120