IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. In this sense, the act of copying is the very medium of Warhol’s art.

Copyright Law 111

Copyright Law Copyright Law Art 111

IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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Ownership Copyright Law Copyright Law 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Stay tuned!

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Copyright Law Law Copyright Reporting 73

The IPKat

JUNE 17, 2023

The recent ‘incident’ in Seoul, that is when an art student ate the banana that is part of Comedian , has also attracted quite a lot of attention and, likely, more than a smile. In so doing, the judge expressed relief that “ the Court still need not attempt to answer that age-old (and frankly unanswerable) question ” of “ what art is ” ?.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). As he explains, this interpretation is incorrect.

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Registration Art Copyright Artwork 124

Copyright Lately

OCTOBER 24, 2022

AI-generated art isn’t perfect, but it’s become a viable option for set decor on motion pictures and other commercial productions. ” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients. .”

Artwork 88

Artwork Copyright Infringement Copyright Art 88

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IPilogue

JUNE 13, 2022

Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. Copyright law provides recourse to authors who feel their work has been minted into an NFT without permission, but as copyright attorney Nelson Rosario cautions, “IP considerations get very complex very quickly.”

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Non-Fungible Tokens Art Due Diligence Social Media 125

Copyright Lately

JULY 8, 2023

But number 1 when it comes to number 2 is a new copyright infringement lawsuit filed this week over a jigsaw puzzle called “101 Pooping Puppies.” The same is true for the spiky block print used for names of the streets, which was a hallmark of Steinberg’s art but isn’t protectable under copyright law.

Copyright Infringement 90

Copyright Infringement Copyright Social Media Branding 90

IP and Legal Filings

FEBRUARY 8, 2023

Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). This perception, he explains, is erroneous.

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Registration Art Copyright Artwork 81

Art Law Journal

MARCH 25, 2021

You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. The post Who Owns the Copyright in Your Tattoo Art? appeared first on Art Business Journal.

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Art Copyright Journalism Copyright Infringement 52

The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

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Copyright Infringement Copyright Artistic Work Copying 52

The IP Law Blog

APRIL 7, 2022

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of Prince that were subsequently the subject of Warhol’s allegedly infringing works.

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Copyright Infringement Copyright Fair Use Intellectual Property 104

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

IP and Legal Filings

MAY 30, 2022

A careful step towards ensuring the acquisition of prosperity gained through your work is to copyright it. It’s impossible to understand the delicate process of making art by weaving creative threads in one’s head. The copyright laws in India are governed under the Copyright Act, 1957.

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Copyright Infringement Copyright Copying Music 63

IPilogue

SEPTEMBER 29, 2021

—to the extent where one could argue that the essence of Warhol’s art is appropriation. As a pioneer of pop art , Warhol was one of the first artists to appropriate low-brow commercial imagery to challenge the notion of art as the products of geniuses’ inspirations.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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

Art Law Journal

MARCH 25, 2021

You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. Nicole Martinez.

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Art Copyright Copyright Infringement Copyright Law 77

JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso.

Fair Use 55

Fair Use Art Copyright Infringement Copyright Law 55

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

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 107

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

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

MARCH 16, 2024

Works of applied art seem to be an inexhaustible source of intellectual property disputes [ IPKat here , here and here ]. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon. The Court of Appeal first examined whether the stool was protectable under copyright law.

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Copyright Art Copyright Infringement Intellectual Property 70

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. What Constitutes Art. Copyrighting Art.

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Art Copyright Artistic Work Public Domain 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

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Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Garimella and S. Jolly (eds.)2017)

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Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

Indiana Intellectual Property Law

JUNE 6, 2022

Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography. Mapes seeks damages for direct copyright infringement in violation of 17 U.S.C. § for each infringement. Allegedly, the Defendants violated the limitations of the license agreement. 501 et seq.

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Copyright Infringement Licensing Copyright Registration 52

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. What about copyright infringement? Old Laws Protect New Trends.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

LexBlog IP

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

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Copyright Infringement Copyright Fair Use Technology 40

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. However, Liking argued that since the WaterRower could not be considered a “work of artistic craftmanship,” no copyright subsists in the WaterRower.

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Art Artistic Work Copyright Law Designs 73

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.

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Fair Use Copyright Law Copyright Law 103