Art Law Journal

JUNE 30, 2022

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.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

AUGUST 29, 2022

trading as Opensea” decision that NFTs are “property “that should be granted legal protection and can be the subject of a preliminary injunction. Thus, on June 21, 2022, the Istanbul Third Civil Intellectual Property Court (“IP Court”) issued a preliminary injunction regarding NFTs.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

Intepat

APRIL 18, 2022

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. Hence, creators should be well aware to document their work before going into the public domain.

Copyright 98

Copyright Public Domain Registration Ownership 98

Barry Sookman

MAY 4, 2020

According to the petition, which was advanced by The Artificial Inventor Project , a project that seeks intellectual property rights for the autonomous output of artificial intelligence, the invention was generated by a machine named “DABUS.” This issue is also being examined by the USPTO. created using technical tools.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

IPilogue

JANUARY 20, 2022

For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. However, many of the masterpieces housed by museums are in the public domain.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

Intepat

NOVEMBER 20, 2023

Innovation, born of human creativity and critical thinking, is a testament to the immense effort and knowledge invested by individuals in the creation of meaningful works. Intellectual property stands as a tribute to such endeavors, with copyright emerging as a unique category within this realm.

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Registration Copyright Ownership Public Domain 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright is a kind of intellectual property right which grants exclusive rights to the creator of the original work. The copyright comes into existence automatically as soon as the original work is created.

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Registration Copyright Artistic Work Ownership 52

IPilogue

MARCH 21, 2022

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. Labelling the work as a “creation”, as opposed to an “output” or “generation”, has been the topic of global debate. Photo by Sukanya Sarkar (ManagingIP.com).

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Registration Copyright Intellectual Property Public Domain 120

SpicyIP

DECEMBER 16, 2023

The term varied depending on the nature of the work. For literary, dramatic, and musical works, copyright lasted for the lifetime of the author plus 50 years after their death. In the case of photographs and artistic works, the term was 50 years from the date of publication.

Copyright 59

Copyright Artistic Work Publishing Public Domain 59

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. by Edward J.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

IP and Legal Filings

SEPTEMBER 12, 2022

All forms of intellectual property are derived from the fundamental principles of diligence, perseverance, creativity, artistry, and uniqueness. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. Here, the idea of natural rights is relevant. Natural rights/ Labour theory .

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Therefore, AI may not equipped for generating an original work. The subordinate work created by the creator should have a few recognizable highlights and flavour.”

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

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. Scenario 3 – Reproduction of artworks displayed in a public space and in the public domain.

Artwork 56

Artwork Public Domain Art Copyright 56

IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. Copyright is essentially a right to copy.

Copyright 52

Copyright Intellectual Property Copying Music 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 1] [1916] 2 Ch 601. [2]

Copyright 90

Copyright Public Domain Copying Publishing 90

IP and Legal Filings

SEPTEMBER 20, 2023

Deluxe Films (1978), to qualify for copyright protection in India, the work must fulfil two essential requirements: Originality and copyrightable subject matter: Copyright subsists in only original literary, dramatic, musical and artistic works and cinematographic films and sound recordings.

Copyright 89

Copyright Copyright Law Invention Public Domain 89

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” Namely, in works which are computer-generated, the author “shall be taken to be the person by whom the arrangements necessary for the creation of the work.”

Copyright Law 64

Copyright Law Copyright Public Domain Artistic Work 64

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

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Copyright Moral Rights Copying Publishing 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 124

Copyright Art Copyright Law Licensing 124

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

JUNE 6, 2022

Intellectual Property Rights is a term that rarely requires explanation in modern times. The phrase Intellectual Property expresses the notion that its subject matter is the result of the intellect or mind. No statute or regulation in India specifically protects traditional knowledge as Intellectual Property.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

Kluwer Copyright Blog

JUNE 30, 2021

The latter have in the past too often run into difficulties as clearing rights over the (often incidental and documentary) use of third parties’ music or artistic works had turned in an almost impossible task, something comparable to a walk through a minefield. Tales from the Public Domain , “documentaries are records of our culture.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

LexBlog IP

FEBRUARY 28, 2022

The Warhol Foundation argues that what it calls the Second Circuit’s “visual similarity” approach—which focuses on assessing the visual similarities between the two works to the exclusion of assessing their respective meanings or messages—conflicts with the Supreme Court’s instructions in Google and Campbell v. Goldsmith , 11 F.4th

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.

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Trademark Blogging Trademark Law Fair Use 99

Technology & Marketing Law Blog

JUNE 20, 2023

Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” See Jessica Silbey, The Eureka Myth: Creators, Innovators, and Intellectual Property (2014). 1600 (1982).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95