IP and Legal Filings

APRIL 12, 2022

In this marketplace, several artists can upload their designs and creative work which then are printed on different products. These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. The post The Art of Copyright and Trademark Infringement first appeared on IPLF.

Art 52

Art Trademark Copyright Copyright Infringement 52

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

The IPKat

APRIL 19, 2023

Here’s what Jan writes: How a chair makes the Berne Convention wobble: CJEU to answer questions on principle of reciprocity for works of applied art by Jan Jacobi Last year, this Katfriend wrote about two interesting cases before the Dutch courts. These cases concern the protection of works of applied art under the Berne Convention (BC).

Art 52

Art Copyright Intellectual Property Law Law 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

DECEMBER 26, 2023

This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art. This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art.

Art 113

Art Music Publishing Law 113

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

The IPKat

APRIL 19, 2023

In 2014, digital artist Kevin McCoy created a piece of digital art named “Quantum” (viewable here ) and decided to create a digital record of Quantum by recording a name on the Namecoin blockchain on 2 May 2014. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

MAY 9, 2023

The plaintiff’s suggested design was approved by the defendant as well as by the local authorities of the city where the mosque was to be constructed. 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

Copyright 52

Copyright Moral Rights Contracts Art 52

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

The IPKat

FEBRUARY 13, 2024

has been updated to state "absent any substantiated indication to the contrary, there is a strong rebuttable presumption under the EPC that an applicant or joint applicants claiming priority in accordance with Art. This update follows the decision in J 8/20 (DABUS) that an AI cannot be designated as an inventor ( IPKat ).

Invention 70

Invention Art Inventor Designs 70

43(B)log

AUGUST 3, 2023

But defendants’ experts are doing something completely different—identifying prior art, which cuts off the need to identify whether there was copying. Garcia: most D expert reports don’t opine on whether there was copying, just on existence of prior art. That’s why he’s interested in the expert’s foundation.

Music 52

Music Art Copying Licensing 52

Kluwer Copyright Blog

JUNE 20, 2023

Moreover, as explained below, despite this ‘doctrinal murkiness’, many NFT sales seem to circumvent the first sale issue by including an automatic resale provision in the smart contract, providing NFT minters with an unprecedented continuous stream of royalties upon each resale. Secondly, the NFT transaction can simply be taken off-chain.

Artwork 98

Artwork Contracts Ownership IP 98

The IPKat

DECEMBER 26, 2023

Ann Wolff, a sculptor started working with Kosta Boda, a Swedish glass manufacturer, in 1972, creating the iconic "snowball" glass lantern, a staple of Swedish household design: As of today, more than 15 million copies of the glass lantern have been sold worldwide.

Contracts 62

Contracts Designs Design Copyright Law 62

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. The underlying work itself is largely protected under the First Amendment as expressive art.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

The IPKat

SEPTEMBER 19, 2023

Determining the competent court for trade mark and design infringement proceedings in the EU is rather straightforward if there is only one defendant. 125 EUTMR and Art. If there are several defendants, which are domiciled in different EU Member States, the question whether they can be sued before the same court is answered by Art.

Art 76

Art Contracts Publishing Designs 76

IPilogue

JANUARY 13, 2023

During my rotation, the team was committed to developing a platform that would enable the democratization of insurance contracts. The technical aspects of artificial intelligence, logic programming, deep learning, and computable contracts eluded me. However, contract interpretation is an art.

Contracts 105

Contracts Intellectual Property Law Technology IP 105

The IPKat

MARCH 22, 2024

After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art. Having implemented the WPPT through the InfoSoc Directive , the EU indeed grants phonogram producers a neighboring right which is exclusively relating to each particular phonogram [art.

Moral Rights 70

Moral Rights Copyright Music Art 70

The IPKat

MAY 2, 2023

In the EU Member State in which it is domiciled ( Art. Absent a domicile in the EU, in the EU Member State where the defendant has an establishment ( Art. Absent a domicile and an establishment of the defendant in the EU, in the EU Member State where the plaintiff is domiciled ( Art. The defendant must be sued: 1. 125(5) EUTMR.

Art 70

Art Business Advertising Advertising 70

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 76

Moral Rights Database Right Designs Design 76

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. .”

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The TTABlog

DECEMBER 27, 2023

The Board upheld a refusal to register the proposed mark CONCRETE PORN for "Advertising services, namely, providing a website for the promotion of concrete services and designs of others," finding that applicant's specimen of use failed to show a direct association between the mark and the recited services.

Advertising 67

Advertising Advertising Designs Design 67

IP and Legal Filings

FEBRUARY 9, 2023

Each of the subject matter is considered as a work of art and such works when applied for protection under copyright act by the author or creator, and the entitlement over the same is granted, the work is then considered as Copyrighted work , and exclusive rights are granted to authros over his work.

Copyright 78

Copyright Contracts Copying Licensing 78

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. Firstly, Art. 17 and the less controversial Art.

Music 98

Music Art Licensing Copyright 98

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Traverse Legal Blog

MARCH 8, 2022

A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). art, photograph, video, NFT asset).

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents.

Publishing 85

Publishing Art Contracts Artwork 85

Patently-O

MARCH 26, 2024

Brady for an improved dredge boat design. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. The case addressed the validity of a patent granted to Edwin L.

Invention 58

Invention Art Patent Designs 58

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. The nature of the employment relationship may create different entitlements for both the employee and the employer.

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

The IPKat

MARCH 3, 2022

The IPKat is very happy to host the following blog post by Despoina Dimitrakopoulou and Simon Fritsch, addressing this eternal copyright question from the perspective of a German art and legal story. In 1981, Kippenberger held the revolutionary exhibition “Lieber Maler, male mir” (“Dear painter, paint for me”).

Copyright 97

Copyright Art Copyright Law Graphic Design 97

The IPKat

OCTOBER 7, 2021

What is the legal framework around posthumous released art and what is Anderson.Paak afraid of? This is not the first time that posthumously released art becomes the subject of attention. However, there is not always a positive reaction when it comes to art being released after the death of an artist.

Moral Rights 134

Moral Rights Art Music Copyright 134

Kluwer Copyright Blog

FEBRUARY 28, 2022

Initially in Art. 13 and ultimately in Art. The German implementation of Art. Instead of implementing Art. Licensing conditions must ultimately be designed to enable use by platform operators under reasonable conditions. The purpose of this article is to shed some light on how this mechanism works. 4 UrhDaG.

Art 56

Art Copyright Law Copyright Law 56

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. Protection of older works The BGH decision in Porsche 911 concerned, among other things, the protectability of the older car model Porsche 356, the predecessor model of the Porsche 911, as a work of applied art. This article is divided into two parts.

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

FEBRUARY 22, 2023

Germany’s implementation of Art. Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Copyright contract law German copyright law stipulates that authors are entitled to appropriate remuneration for every use of their work (Section 32 UrhG).

Copyright 52

Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

JULY 27, 2023

Change in cultural and creative industries Mathieu Jaton (Director of Montreux Jazz Festival) – “ How new technologies and new medias will change the music business ” Anthony Masure (Head of the Art and Design Research Institute, HEAD – Genève (HES-SO)) – “Paying for culture or paying for artist?”

Government 52

Government Art Technology Contracts 52

Intellectual Property Office Blog

NOVEMBER 26, 2020

Guy Allen Art at KD Loves, photography Jon Aaron Green. We pay to hire them and if there’s art - which there always is - it has a sticker saying, 'cleared for TV use'. Apart from the copyright law that means every piece of 'designer' furniture, craftsmanship and art must be checked for copyright. Setting the scene.

Copyright 73

Copyright Art Due Diligence Copyright Law 73

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. The quote above comes from the employment agreement.

Inventor 68

Inventor Ownership Contracts Intellectual Property 68