LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ” US Const.,

Ownership 52

Ownership Copyright Government Intellectual Property 52

IPilogue

OCTOBER 1, 2022

In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image. Supreme Court in The Andy Warhol Foundation for The Visual Arts, Inc. For more information on The Andy Warhol Foundation for Visual Arts, Inc.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

The IPKat

MAY 17, 2023

This is a review of Research Handbook on Intellectual Property and Cultural Heritage , edited by Irini Stamatoudi , Professor of Intellectual Property Law and Cultural Heritage Law at the University of Nicosia.

Intellectual Property 117

Intellectual Property IP Editing Intellectual Property Law 117

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. The preferred form of regulation in the NFT sector is code rather than copyright law.

Artwork 98

Artwork Contracts Ownership IP 98

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Ownership Inventor 130

The IPKat

JANUARY 15, 2023

This webinar will address the legal protection afforded to tattoos by copyright law, covering current discussions on ownership and infringement of tattoos as copyright works, including in the context of commercial uses in video games and films. and “Sustainability and Intellectual Property Law”. More details here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Journalism 67

Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.”

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

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?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

JANUARY 5, 2023

But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.

Copying 66

Copying Copyright Ownership Intellectual Property 66

Traverse Legal Blog

OCTOBER 20, 2022

In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so. What is Intellectual Property? How are Copyrights Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IPilogue

FEBRUARY 21, 2022

In so doing, they relied on Théberge v Galerie d’Art du Petit Champlain In c , where the court described copyright laws as “a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator”.

Government 111

Government Copyright IP Intellectual Property 111

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. What is it?

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

IPilogue

NOVEMBER 1, 2021

They identify some of the assumptions made by the Federal Court of Australia regarding the technical capabilities of AI systems and question the potential consequences of attributing ownership rights to non-human entities in the absence of a more comprehensive analysis. However, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Provisions of intellectual property law will be applicable to NFTs. Introduction.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IP and Legal Filings

AUGUST 19, 2022

Several Jurisdictions however, copyright ownership has already been granted to computer generated works. However, copyright ownership over computer-generated works has already been recognized in many jurisdictions. Ownership rights in this case go to the person who sets up the apparatus necessary for the creation of the work.

Artistic Work 52

Artistic Work Copyright Artwork Ownership 52

Indiana Intellectual Property Law

MARCH 30, 2023

in Computer Science at the University of Texas at Austin and has since combined his love for photographic art and computer science by building an online system to help protect artists’ works on the internet. He received his B.S. The case was assigned to Judge Damon R. Leichty and Magistrate Judge Michael G.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. But NFTs are separate and distinct from the digital items they are meant to authenticate, making it extremely difficult to assign title to the various intellectual property rights stemming from the sale of each NFT.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kashishipr

APRIL 13, 2022

Therefore, an NFT can refer to a digital art piece or can be linked to a physical product for proving the authenticity or ownership of the said product. For obtaining beyond doubt ownership of such a virtual product design, specifically in the legal environment, IP protection must be carefully considered and dealt with diligently.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

IP and Legal Filings

AUGUST 14, 2023

Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Garimella and S.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

APRIL 5, 2022

Some have called this “a circumvention of the Copyright Directive,” in particular the regime for the press publishers’right in art. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. 15 (for an earlier report with details, see here ). Coming soon and latest referrals.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

APRIL 24, 2022

In the medium term, it is recommended to scrutinise the presumption of authorship and ownership in Art. Further research should focus on the legal mechanism(s) that could achieve these goals in the context of a revision presumption of authorship and ownership and/or the right to object to false attribution.

Music 56

Music Copyright Related Rights Ownership 56

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! emphasizing on person skilled in the art. v Cipla Ltd.,

Trademark 45

Trademark Advertising Advertising Copyright 45

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. 37, 2018). [3]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

JUNE 15, 2022

Art, said Stephen, is the human disposition of sensible or intelligible matter for an esthetic end.” The AI is not the maker of the Work but in some sense, the medium or tools of the art, no different than oil paints applied by the artist, brushes handled by the painter, or a camera pointed by the photographer.

Inventor 52

Inventor Copyright Art Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 1, 2022

Winner situates the emergence of this paradigm as to how to play football within a range of influences, particularly those of art and architecture. Winner makes out his case, in part, by interviewing experts in the field of these arts. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 52

Copyright Art Music Intellectual Property 52

Kashishipr

JUNE 23, 2021

The same may challenge the traditional notions of Intellectual Property Rights (IPRs). The impact of big data on Patent Rights is such that the rate of growth of prior art and the access thereof will increase through the use of big data.

Intellectual Property 98

Intellectual Property Invention IP Copyright 98

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

Social Media 52

Social Media Intellectual Property Registration Branding 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” .” If that be the case, and I think it is, then the subtitle implies the question this piece will address. World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Instead, OpenAI treats the matter as one of ownership via contract law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52