[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

Unfortunately, the recent decision in WaterRower v Liking [2022] EWHC 2084 (IPEC) was not that case, despite many reporting in the aftermath of the decision that UK copyright has been extended to protect a rowing machine as a ‘work of artistic craftsmanship’. .

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Implications Of AI On Literary And Artistic Works : A Challenge On The Copyright System

IP and Legal Filings

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations.

AI art and Indian copyright registration

SpicyIP

Such works qualify as ‘computer generated works’ under the Indian Copyright Act. Computer-generated works were included as a category of works in 1995, presumably at a time when AI was not making art. Copyright Artificial Intelligence Artistic Work copyright

Is it a Picasso? A Rembrandt? No, it’s Artificial Intelligence

IPilogue

Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections. There are two opposing views on authorship and originality regarding copyright protection for AI-assisted or AI-generated works.

11th Circ. Won't Revive TM Suit Over MTV's 'Floribama Shore'

IP Law 360

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work

Legal Protection for the Software Arts — Part 5

JD Supra Law

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works.

Texas Church Sorry About That Unauthorized 'Hamilton' Show

IP Law 360

The pastor of a Texas church apologized for his congregation's decision to put on an unauthorized rendition of "Hamilton," agreeing to pay any damages to the producers of the hit musical and promising to "use this moment as a learning opportunity about protected artistic works and intellectual property

Artist Must Face Viral Banana Wall Art Copyright Suit

IP Law 360

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity

Fashion Copyright and Infringement

IP and Legal Filings

To understand copyright in the field of fashion, it is worth understanding the various doctrines to assess whether a work is copyrightable or not. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work.

11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The court here agreed that artistic relevance merely requires some relationship “above zero” between the title and the underlying work. Yet both artists won.” MGFB Properties, Inc.

Copyright and Translated Content: Who is the Creator?

IP Watchdog

Copyright law protects artistic works. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work?

Fonts & Typefaces: Are they Copyrightable? 

SpicyIP

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

Protection of Jewelry in India: Copyright or Design?

IP and Legal Filings

Copyright protection is extendable to any artistic work that is original and is creative. Section 2(c) of the Copyright Act defines what “artistic work” is. As such, to obtain copyright protection , the work in question must satisfy the definition of “artistic work”.

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. Overview.

The WaterRower: A Work of Art “Oar” Not?

IPilogue

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. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

“Certificate of Registration” Equals “License from Registrar”: Looking at Gujarat High Court’s Infringement Equation

SpicyIP

” Simply, the provision says if any person does not have a “license” to use a particular work, s/he will be deemed to be an infringer if they do certain acts as described in the rest of the section. Image from here. Copyright registration is not mandatory in India.

Is The ‘Art’ Of Food Plating Copyrightable

Intepat

Chefs are now working hard to improve the visual experience. Before serving, a chef at such a restaurant may endeavour to make an artistic presentation of food with maximum precision and perfection. First impressions are profoundly engraved on the mind.

Art 52

Protection of Copyrights in Singapore

IP and Legal Filings

A copyright is a set of rights available to any person or entity responsible for the creation of an original authored work. Copyright protects works like literary, computer programs, plays, music and paintings. It is not a question of whether the work has creative merit.

Copyright And Its Regulations In India

IP and Legal Filings

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works.

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. Instead, the Court should recognize the common existence of varying interpretations of artistic works.

What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. This would enable a person to determine the extent of each and take the necessary steps to safeguard their work.

Puzzlingly calling a venue name a "title," court nonetheless rejects claim against MTV show

43(B)log

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring.

The Photography Show: your questions answered

Intellectual Property Office Blog

It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works. Answer: Copyright gives you (the copyright owner) the right to exclusively control and exploit your creative works.

What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. a collage, sculpture, photograph , or graphic work; 2. an article made with artistic skill.

Could this music law help Spotify dodge future copyright infringement battles?

IPilogue

A look at streaming giant Spotify’s recent significant copyright battles provides some insight into the issue of compensation for artistswork on online streaming platforms. The issue of inadequate artist compensation is not unique to Spotify, but applies to all streaming services.

Music 93

Fleshing out the copyright in a tattoo

IP Whiteboard

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. communicate the work to the public.

Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. The artist is French, I am British, and my publisher is based in the U.S. there's a copyright extension on the works. clearance for some of the works.

Authorship In An Impromptu Performance Under Indian Copyright Law

IP and Legal Filings

This article shall first attempt to analyze if performance under the Indian Copyright Act requires any pre-existing work, and if it does not, would the singer be able to claim authorship over his or her impromptu and unfixed music and lyrics. Fixation in Musical Work. INTRODUCTION.

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis I

SpicyIP

The first proviso i.e. “an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society” has to be interpreted as against the main provision i.e. the business of issuing or granting licenses only through copyright societies. Section 33 and Business of granting licenses through Copyright Societies. Registration of Copyright society.— (1)

Personality Rights : Through The Glasses Of IPR

IP and Legal Filings

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. INTRODUCTION.

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis II

SpicyIP

Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings? Earlier Posts: Summary and Analysis I.

Is your original work automatically protected by copyright?

Intepat

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. Then, why should you register a copyright for your work?

Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”

Michael Geist

Yesterday, Nettwerk released a statement on Bill C-11 that is exceptionally critical of the legislative proposal: We believe that Bill C-11 represents a fundamental misunderstanding of our industry and how musical artists are discovered and fanbases are built in today’s streaming landscape.

Music 87

Can We Reexamine the Role of Blockchain in Copyright Now?

Plagiarism Today

However, for artists, rightsholders and those familiar with copyright, it was completely predictable. To be clear, this isn’t the first time blockchain and crypto promised that they would make artists’ lives easier or open up new opportunities, only to fail completely.

Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years.

Limited Edition Products and their IP Protection

IIPRD

According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite.

SpicyIP Weekly Review (September 13-19)

SpicyIP

He finally argues that sports celebrations consisting of a combination of steps could be considered choreographic works and thus granted protection as ‘dramatic works’.

Many ways to skin a cat (Pt 2): South Africa’s Constitutional Court upholds the declaration on the unconstitutionality of parts of the Copyright Act

The IPKat

As IPKat readers may recall, the BlindSA ’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court.

Canada Extends Copyright Term to Life of Author Plus 70 Years, Leaving Many Concerned

IPilogue

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years.