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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable. Trademarks.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. A publishing company called Feist Publications Inc.

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INTERNET AND COPYRIGHT

IIPRD

Copyright is a term describing rights given to creators for their literary and artistic works. The digital representation of the work could mean the reproduction of the work itself. After the term of protection expires, the copyrighted work is out there in the public domain and the rights of the author terminate.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12] Goldsmith , 11 F.4th