IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Photo by CQF-Avocat (Pexels).

Copyright Infringement 106

Copyright Infringement Copyright Copying Artistic Work 106

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

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 123

Copyright Art Copyright Law Licensing 123

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 97

Copyright Trademark Fair Use Contracts 97

The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. There are four main types of intellectual property rights; patents, trademarks, copyrights, and trade secrets.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

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. What could this mean for UK and Canadian copyright law? Deputy High Court Judge Stone rejected a motion by the defendants, Liking Ltd.

Art 73

Art Artistic Work Copyright Law Designs 73

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Here, it was arguably both.

Copyright 60

Copyright Copying Branding Brands 60

Art Law Journal

JUNE 16, 2022

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. So let’s first review what copyright protects and when and how that protection goes into effect.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

IPilogue

DECEMBER 13, 2021

At the time, Mykie filed a complaint through the app and in Snapchat’s view the filter did not infringe any copyrights. While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection?

Social Media 111

Social Media Intellectual Property Copyright Designs 111

Kluwer Copyright Blog

MARCH 1, 2023

Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

SpicyIP

OCTOBER 1, 2023

Sunanda Bharti on the copyright aspect of the personality rights emitting from this order, reserving a separate post for later on other interesting issues like use/ misuse of personality rights via deepfakes and application of doctrine of first sale in the context of NFTs. But, ‘safety’ against what?

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. The law gives copyright owners a monopoly to exploit and monetize creative works.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IP Whiteboard

JULY 19, 2020

The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. This doctrine has been applied in the United States to ensure that judges, who possess the authority to interpret the law, cannot assert copyright protection over works created in their judicial capacity.

Copyright 52

Copyright Law Government Public Domain 52

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. Copyright Preemption. Copyright Preemption. Ancestry , Knapke v. Classmates , and Sessa v.

Advertising 91

Advertising Advertising Social Media Blogging 91

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

DECEMBER 4, 2023

SpicyIP Tidbit: DHC Observes That Evidence for Enhanced Efficacy Should Be Filed Before the Final Hearing The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Beijing Internet Court allows copyright protection for AI-generated images. Read on to know more.

Registration 59

Registration Artistic Work Technology Patent 59

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Controversy” [8] : The Litigation. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 5, 2023

Money and copyright won by a 7-2 majority. Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. ” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. Andy Warhol. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g., district courts, the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52