LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” The application asserted that the work was created autonomously by the machine and listed the machine as the author. .” Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. True, “[t]here may be instances where statements about artistic contribution, or artistic works more generally, are not offered to convey product information but are themselves part of an expressive enterprise, possibly parody or satire.”

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 124

Copyright Art Copyright Law Licensing 124

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. The evolution in the case law of the Second Circuit may constitute a game changer for documentary makers.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 106

Social Media IP Business Branding 106

SpicyIP

MARCH 11, 2024

Last week we published 3 posts including a post discussing the concept of hot tubbing, a post on the DHC interim injunction order restraining Geonix on the grounds of reverse passing off, and a tidbit on CCI’s appeal before the Supreme Court in. X wins copyright infringement case against 17 music publishers.

Trademark 59

Trademark Registration Copyright Patent 59

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. This is exactly the case here.

Artwork 56

Artwork Public Domain Art Copyright 56

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. The published article acknowledges Goldsmith. Roman Martinez (Latham Watkins) is set to argue for Warhol and Lisa Blatt (Williams Connolly) for Goldsmith.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

LexBlog IP

SEPTEMBER 11, 2023

As the court recognized, the more difficult questions that will need to be addressed include how much human input is required to qualify the user as the creator of a work such that it is eligible for copyright protection. Kristen Maaherra , 114 F.3d 3d 955 (9th Cir.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. Multiple pieces of copyright material may exist in a single digital work. Interested parties can view this chain to see an accurate history of the NFT.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40