Dear Rich IP Blog

DECEMBER 9, 2023

Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Is this accurate? Limited ways to express yourself.

Art 59

Art Public Domain Copyright Publishing 59

JD Supra Law

FEBRUARY 2, 2024

DoDots Licensing Sols. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR petition. 8,510,407 B1 (“the ’407 Patent”), holding that certain appendices (primarily disclosing computer code), which were filed with the prior art patent.

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Art Patent Licensing 68

IP Close Up

NOVEMBER 7, 2023

Generating a return on tech patents from licensing without suing for infringement is fast becoming a lost art – even if the licensor is a Continue reading

Licensing 75

Licensing Patent Art Litigation 75

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 117

Fair Use Art Licensing Publishing 117

Art Law Journal

AUGUST 11, 2021

Licensing a creative design can provide you with additional income, branding and partnership opportunities. Here we review what licensing is and how to do it. The post How Do I License My Creative Design? appeared first on Art Business Journal.

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Licensing Designs Design Journalism 98

JD Supra Law

JANUARY 17, 2024

It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. Much has been written on the subject, including in this forum, but in many ways it was a narrow decision.

Art 68

Art Fair Use Licensing Business 68

JD Supra Law

AUGUST 24, 2022

With the proliferation of non-fungible tokens (“NFTs”), particularly in the art space, an interesting and potentially groundbreaking practice has developed where certain intellectual property (“IP”) pertaining to the NFTs is licensed to the NFT buyers and their subsequent transferees.

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Non-Fungible Tokens Licensing IP Intellectual Property 98

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 52

The IPKat

SEPTEMBER 5, 2022

Here's what Paolo writes: 'Can't Be Evil' NFT license – A tentative NFT worldwide license standard by Paolo Maria Gangi Can't Be Evil. Universal license - a set of NFT CC licenses under the name 'Can’t Be Evil'. Why a CC license?

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

IP Law 360

SEPTEMBER 7, 2023

and Kidrobot LLC wanted confirmation that the latter need not buy a copyright license from Artists Rights Society Inc. to use a depiction of the famous Mexican painter's "Las Dos Fridas" on a Kidrobot art toy. A Colorado federal judge Thursday tossed a suit in which Frida Kahlo Corp.

Art 75

Art Licensing IP Copyright 75

IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. AI is becoming more and more advanced by the day resulting in creation of such art without any sort of skills or human intervention required. [3]

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Art Artwork Intellectual Property Copyright Law 52

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

Nelligan Law

JANUARY 24, 2024

Within the cosmic realm of “Spaceballs,” the art of parody takes center stage, becoming a guiding force that propels the film into the orbit of comedic brilliance. Now, let’s delve into the legal galaxy of licensing. No Schwartz-wielding lawyers or agents were harmed in the making of this interstellar spoof.

Licensing 73

Licensing Intellectual Property Intellectual Property Law Trademark 73

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. defendant's ad for art kit Defendants sold only six of these kits—including two sold to Keck—for gross revenue of $240.

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Art Fair Use Marketing Marketing 59

Likelihood of Confusion

MARCH 8, 2024

In the 1980s, Israeli artist […] The post Creative license appeared first on LIKELIHOOD OF CONFUSION™.

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Licensing Reporting Copyright Derivative Work 52

Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

IPilogue

JULY 15, 2021

Life now imitates art as Beavan battles Disney for attribution for her work. Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. But these talks ceased once production on the movie ended. CDG President Salvador Pérez Jr.

Licensing 106

Licensing Contracts Designs Design 106

JD Supra Law

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. Dawn Jackson is a co-author of this post and is a Summer Associate at Bradley. By: Bradley Arant Boult Cummings LLP

Fair Use 55

Fair Use Art Licensing 55

JD Supra Law

MAY 24, 2023

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of fair use in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, No. By: Davis Wright Tremaine LLP

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Art Fair Use Licensing 52

JIPEL Copyright Blog

APRIL 11, 2022

In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects. for the Visual Arts, Inc. So why are we kidding ourselves that there is one objective assessment of art?

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Art Copyright Law Fair Use Copyright 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. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

MAY 18, 2023

Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, was whether the Andy Warhol Foundation for the Visual Arts, Inc. The question presented to the U.S. ” Justice Sotomayor, writing for the 7-2 majority, said it did not. Or whether displaying the Prince Series (e.g.,

Fair Use 52

Fair Use Licensing Art Copyright Infringement 52

IP Intelligence

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.

Licensing 52

Licensing Due Diligence Business Trademark 52

Art Law Journal

MARCH 18, 2021

Whether you are a struggling artist, world-renowned photographer, or a gallery owner, you will be inundated with contracts from art dealers, agents, exhibitors, publishers, ad agencies, museums as well as non-art industry members like landlords and contractors. If a contract is supposed […].

Contracts 52

Contracts Licensing Journalism Art 52

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. For example, art.

Copyright 122

Copyright Art Licensing Contracts 122

JD Supra Law

DECEMBER 1, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.

Licensing 52

Licensing Litigation Settlement Art 52

IP Intelligence

JUNE 5, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.

Licensing 52

Licensing Due Diligence Business Trademark 52

JD Supra Law

AUGUST 2, 2022

Unlike free and open source software, most commercial software products are distributed under license solely in object code form and can be subject to shrinkwrap or clickwrap agreements. Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract.

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Art Contracts Licensing IP 98

SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

Invention 111

Invention Art Designs Design 111

LexBlog IP

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

IP Close Up

SEPTEMBER 7, 2023

It’s easy to appreciate intellectual property licensing. C-level executives and investors of all types are among the many who attracted to the revenue and smitten Continue reading

Intellectual Property 86

Intellectual Property Art Licensing IP 86

IP Law 360

AUGUST 16, 2023

A brand management agency has urged a federal judge to not toss its lawsuit against Electronic Arts, calling the video game publisher's motion to dismiss and stay discovery a "brazen attempt to steamroll" its contractual rights so EA can use student athletes' name, image and likeness without fairly compensating them.

Licensing 75

Licensing Art Branding Brands 75

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

SEPTEMBER 20, 2021

In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP for NFTs often are best served by developing their own licenses to be used in connection with sale of their NFTs.

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Licensing IP Art Business 40

JD Supra Law

JUNE 8, 2023

The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith redefines the contours of the fair use defense to copyright infringement.

Fair Use 52

Fair Use Art Copyright Infringement Licensing 52

JD Supra Law

JUNE 16, 2023

In a highly anticipated ruling, the Supreme Court found that the Andy Warhol Foundation (“AWF”)’s licensing of “Orange Prince” to Condé Nast was not “fair use” of a Lynn Goldsmith photograph that served as the basis for Andy Warhol’s Prince Series.

Art 52

Art Fair Use Licensing IP 52