Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010. the prior art disclosures of these documents are the same.

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JD Supra Law

FEBRUARY 7, 2023

The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of AI software that is used to generate visual works of art based on copyrighted images copied from the internet.

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Art Intellectual Property Copyright Infringement Copying 98

LexBlog IP

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Medtronic failed to make a showing that objective evidence resulted from features that were known as a combination in the prior art. Patent Nos.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. In conducting this inquiry … the district judge should not assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue. Andy Warhol Foundation for the Visual Arts, Inc. 4th 26 (2d Cir.

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Fair Use Art Licensing Publishing 117

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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Intellectual Property Art Artwork Intellectual Property Law 52

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

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Copying Copyright Ownership Intellectual Property 67

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.

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Art Plagiarism Artwork Graphic Design 56

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. Incorporating these changes will require significant investment from stakeholders.

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Non-Fungible Tokens Art Due Diligence Social Media 125

IP Law 360

JUNE 9, 2023

Speaking Thursday at a San Francisco conference that explored the intersection of art and the law, OpenAI's deputy general counsel discussed the difficult legal questions around copyrighting artificial intelligence-generated art and said, "even though it's not legally necessary," OpenAI will soon prohibit users from creating works in the style of living (..)

Copying 75

Copying Art Copyright Law 75

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

43(B)log

MAY 2, 2023

Defendants used a couple of pictures of her Dog Art work as an example of a style that kids using its art kits could emulate. Defendants provided zoom art classes to accompany the kits. The copies of Keck’s work were made by right-clicking Google images. The use was commercial but transformative.

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Art Fair Use Marketing Marketing 59

IP and Legal Filings

NOVEMBER 8, 2021

The contemporary art industry: an overview. Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. Typically, contemporary art is culturally diverse and multifaceted. Contemporary art may also help reflect on the current issues that plague our society.

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Art Artwork Television Copyright Infringement 75

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".

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Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

SEPTEMBER 20, 2022

US law gives authors of fixed works with some element of creativity rights over their own creations, be they literary works, works of visual art, etc. This right allows the authors of these works to decide who is allowed to copy their work, and how, amongst other things.

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Copying Registration Copyright Art 52

IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

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Art Copyright Artistic Work Public Domain 52

LexBlog IP

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. § 103).

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Art Invention Copying Patent 52

43(B)log

APRIL 21, 2022

Little did I expect I'd wake up to mainstream newspapers trying to provoke another chapter of the art war, to promote his art show at the Venice Biennale. I want *everyone to be able to have it if they like, because art should be for everyone! After years and years in the making. Does his work above look familiar?

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Art Art Law Copying Law 59

SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. Therefore, it is undeniable that a mural, which is a form of street art, is an ‘artistic work’ under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. The Dojinshi artist works within the set boundary which makes their work not a mere copy but a parody and lets the consumer explore their fantasies through the world created by the author.

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Art IP Intellectual Property Copyright 52

IP Law 360

JUNE 12, 2023

A Florida federal judge has given an artist who created a viral installation of a banana taped on a wall a quick win in a suit claiming he plagiarized another piece of fruit-themed artwork, finding that the features in the artwork are not close enough to classify it as a copy.

Artwork 75

Artwork Art Plagiarism Copyright 75

JD Supra Law

NOVEMBER 14, 2023

million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).

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Non-Fungible Tokens Copying Art Patent 127

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. Copyright, in the simplest terms, is “ the right to copy.”

Copyright Law 111

Copyright Law Copyright Law Art 111

JD Supra Law

AUGUST 18, 2021

Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the reference to nearly identical copies in the prosecution histories of the challenged patents. Before Newman, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

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Art Invention Copying Patent 55

JD Supra Law

APRIL 1, 2024

Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social media posts, websites, music, developed characters appearing in ads, and logos. A properly maintained copyright portfolio is essential to any successful brand owner. By: Venable LLP

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Advertising Advertising Social Media Copyright 75

Plagiarism Today

FEBRUARY 10, 2022

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars.

Plagiarism 276

Plagiarism Art Marketing Marketing 276

JD Supra Law

AUGUST 12, 2021

A software rights owner does not have to publish, affix a copyright notice, register with the copyright office, deposit copies of the software with the office to enjoy copyright protection…. By: Kidon IP

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Art Artistic Work Copyright Notice Copying 98

Plagiarism Today

NOVEMBER 27, 2023

Zack Nelson, the man behind JerryRigEverything, claims that Casetify copied his and dbrand's work. And he has significant proof. The post Understanding The JerryRigEverything/Casetify Copyright Battle appeared first on Plagiarism Today.

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Copyright Plagiarism Copying Copyright Infringement 254

LexBlog IP

MAY 2, 2023

It is seeking public input on AI-related issues throughout the month of May, starting with a listening session on AI and visual arts from 1 to 4 pm Eastern today. Sarony , in which the Court grappled with what was then the newly emerging technology in art: photography. The decision relied on the 1884 U.S.

Art 40

Art Registration Copyright Social Media 40

Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. Back in February, artist Stephen Thaler was denied a similar copyright registration over a piece of AI art entitled A Recent Entrance to Paradise. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Settlement Registration Artwork Art 170

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.

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Music Art Artwork Copying 204

Canadian Intellectual Property Blog

NOVEMBER 15, 2021

Copies of brochures and presentations may be saved or may be destroyed afterwards. The subject matter of a patent claim must not have been previously disclosed, and the invention must not be obvious to a person skilled in the art or science to which it pertains [1]. They are often untraceable or destroyed later. In Biogen Canada Inc.

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Art Invention Intellectual Property Intellectual Property Law 52

IP Intelligence

AUGUST 31, 2021

the Federal Circuit appears to have cleared the way for district courts to take judicial notice of Wayback Machine captures as evidence of prior-art printed publications. For patent challengers, the Wayback Machine is a useful tool for finding prior-art printed publications that potentially invalidate asserted patents. Valve Corp.

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Art Invention Copying Patent 52

IPilogue

NOVEMBER 15, 2021

Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.

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Art Copyright Infringement Copyright Copying 105

LexBlog IP

AUGUST 31, 2021

the Federal Circuit appears to have cleared the way for district courts to take judicial notice of Wayback Machine captures as evidence of prior-art printed publications. For patent challengers, the Wayback Machine is a useful tool for finding prior-art printed publications that potentially invalidate asserted patents.

Art 52

Art Invention Copying Patent 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential.

Art 52

Art Artwork Social Media Marketing 52

JD Supra Law

APRIL 15, 2024

Here, the PTAB held that the petitioner failed to show that one of its prior art references, a copy of a standard rates schedule governing the sale of electricity in Virginia (the “APC-Tariff” reference”), qualified as a printed publication. The patent at issue, U.S.

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Government Copying Art Patent 59

Plagiarism Today

SEPTEMBER 21, 2021

Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. Examining the Allegations.

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Plagiarism Graphic Design Copying Artwork 203