A.I. Artwork Not Copyrightable

JD Supra Law

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

With tools like DALL·E 2 and Midjourney now able to produce unique, hyper-realistic images in a wide variety of different styles, the prospect of using these programs to create inexpensive set pieces and other artwork has suddenly become a viable option for all types of commercial productions. Case in point: You may recall the scene in Titanic when Rose shows off a collection of artworks she purchased in Europe.

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Dealing with Historical Figures Who Fall Out of Favour:  Don’t Attack the Artwork

Hugh Stephens Blog

… Continue reading "Dealing with Historical Figures Who Fall Out of Favour: Don’t Attack the Artwork

AI Artwork: Worth a Thousand Words, but Zero Copyright Protection?

JD Supra Law

Copyright Office over its refusal to register artwork created by his artificial intelligence software. . Technology is changing, but is copyright law keeping up? Stephen Thaler clearly believes it is not and has sued the U.S.

Pricing Artwork with Borbay’s Contemporary Art Pricing Chart

Art Law Journal

Artist Borbay shares his approach for pricing artwork and reveals the secrets behind his popular contemporary art pricing chart. The post Pricing Artwork with Borbay’s Contemporary Art Pricing Chart appeared first on Art Business Journal.

Using AI Artwork to Avoid Copyright Infringement

JD Supra Law

AI-generated art isn’t perfect, but it’s become a viable option for license-free set decoration in motion pictures and other commercial productions. Here’s what you need to know. Originally published on Copyright Lately. By: Greenberg Glusker LLP

Could Banksy Sue Christopher Walken Over Destroyed Artwork?

Copyright Lately

Walken made international headlines last week when he painted over original Banksy artwork in the season finale of the BBC comedy-drama series “ The Outlaws ,” which is set in Banksy’s hometown of Bristol, England. The post Could Banksy Sue Christopher Walken Over Destroyed Artwork?

A.I. Artwork Not Copyrightable

Above the Fold

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

8 Reasons Why You’re Not Successful Selling Artwork

Art Law Journal

Whether or not you manage to sell your artwork is driven not by the product, but what you do with the product. The post 8 Reasons Why You’re Not Successful Selling Artwork appeared first on Art Business Journal.

A.I. Artwork Not Copyrightable

LexBlog IP

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

“Well frens, it happened to me;” Actor’s Stolen NFTs Highlight Uncertainties for NFT Artwork

JD Supra Law

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork.

Should I Negotiate the Price of My Artwork?

Art Law Journal

The post Should I Negotiate the Price of My Artwork? What do you do when your quote or rates aren't accepted? Our negotiation strategies will help artists and creatives sort out a tricky financial agreement. appeared first on Art Business Journal. Finances freelance pricing

Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright

JD Supra Law

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We We previously wrote about Mr. Thaler’s unsuccessful attempt to obtain a patent naming an AI machine as the inventor.)

Can AI-Generated Artwork be Copyrighted?

Intellectual Property Brief

Copyright Office Review Board denied copyright protection to an artwork created by an artificial neural system, finding that the work lacked the necessary human authorship to support a copyright claim. The U.S.

Pricing Artwork with Borbay’s Contemporary Art Pricing Chart

Art Law Journal

Striking the right chord when pricing artwork is tricky to maneuver, especially because overpricing your work versus undervaluing yourself as an artist seems like it’s a very fine line. Establishing Your Market for Pricing Artwork. Create Clarity When Pricing Artwork.

Should I Negotiate the Price of My Artwork?

Art Law Journal

Many galleries allow buyers to pay for artwork in installments. Australian art lender Art Money even offers interest-free loans used exclusively to buy artworks. Our identities as creatives are interwoven into each and every piece of artwork.

Is Artist's Permission Required to Reproduce Artwork in Exhibition Catalog?

Dear Rich IP Blog

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting.

11th Circ. Upholds Copyright Ruling In Sticker Artwork Suit

IP Law 360

The Eleventh Circuit has backed a lower court's finding that a company that sells car dashboard climate control stickers flouted copyright law when it sent a notice to Amazon to take down a listing for a competitor's product

Analysing the relationship between contemporary art and IPR

IP and Legal Filings

In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. Test of substantial similarity to determine copyright infringement for contemporary artworks. The contemporary art industry: an overview.

Art 82

“Well frens, it happened to me;” Actor’s Stolen NFTs Highlight Uncertainties for NFT Artwork

LexBlog IP

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Traditional artwork is valuable because it’s unique and exclusive, and NFTs attempt to impose this uniqueness onto digital works.

Tokenizing Creative Works: Dash, Jay-Z, and A Lesson in Copyright

Trademark, Copyright, and Unfair Competition Law B

In March 2021, Artnet News reported that Beeple ’s $69 million sale of a non-fungible token (“NFT”) artwork at Christie’s was the highest on record to date. Copyright artwork entertainment Tokenizing

Which AI Components Are Copyright Protectable and Which Are Not?

JD Supra Law

Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for registration indicated that the artwork was created "autonomously" by "a computer algorithm running on a machine.".

How Can Museums Copyright the Works of Old Masters?

Art Law Journal

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman. Intellectual Property copyright Public Domain

[Audio] Podcast: The Briefing by the IP Law Blog - Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

JD Supra Law

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

U.S. Copyright Office Denies Registration for AI Created Work

JD Supra Law

On February 14, 2022, the Copyright Review Board denied registration for a two-dimensional artwork entitled “A Recent Entrance to Paradise.” What was notable about this artwork was that it was created by artificial intelligence (“AI”).

The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

The IP Law Blog

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

[Video] The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

JD Supra Law

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

“Wavy Baby” Case Tests Definition of an Expressive Work

JD Supra Law

A commercial product or a collectible artwork? Is the Wavy Baby a sneaker or a comment on “sneaker culture”? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work? By: Miller Nash LLP

Will NFT Piracy Compel Changes to the Digital Millennium Copyright Act?

JD Supra Law

You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. So you bought an NFT. You probably paid for the NFT upfront—and if the artist is popular, you may have paid a substantial sum. By: Proskauer - Blockchain and the Law

Justices Weigh In On Fair Use, Pop Culture In Warhol Fight

IP Law 360

Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S.

Understanding NFTs

JD Supra Law

Christies sold an NFT of digital artwork for $69 million. By now you may have heard about NFTs: the new cryptographic asset that is having a major impact in many industries and is likely to continue to do so for many years. By: Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Art or Infringement: The Copyright Battle Over Images of Prince

JD Supra Law

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission.

Can You Spot a Fake? The Trouble with Authenticating Art

Art Law Journal

What are the challenges for collectors in authenticating artworks? What are the legal remedies when a purchased artwork is discovered to be an art forgery? The post Can You Spot a Fake? The Trouble with Authenticating Art appeared first on Art Business Journal.

Can You Spot a Fake? The Trouble with Authenticating Art

Art Law Journal

What are the challenges for collectors in authenticating artworks? What are the legal remedies when a purchased artwork is discovered to be an art forgery? Nicole Martinez. Art Theft & Fraud Art Business Art Collectors Art Law FIne Art Stolen Art

Art 52

9th Circ. Nixes Art Editor's Win In Picasso Copyright Case

IP Law 360

The Ninth Circuit has thrown out a California federal court's refusal to enforce a French court's €2 million judgment in a suit over copyrighted photographs of Pablo Picasso's artwork, finding that multiple factors weighed against the fair use defense

[Audio] Podcast: The Briefing by the IP Law Blog - Copyright Office Rejects Application for A.I. Created Art Work

JD Supra Law

Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence. In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S.

3 Count: Wriggling Worms

Plagiarism Today

Next up today, Hollie Geraghty at NME reports that the street artist Banksy is calling upon his nearly 12 million Instagram followers to shoplift from a London store following the unauthorized use of some of his artwork. Have any suggestions for the 3 Count?

Not By the Same Token: NFTs in Supply Chain

JD Supra Law

Jaiden Stipp is a digital artist, who at only 15 years old sells pieces of his digital artwork as NFTs. What do teen digital artists, Tom Brady, Doja Cat, and Foley & Lardner LLP all have in common? They are all trending in popularity for their use of NFTs.

Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s.

The Art Business Documents You Need to Sell Your Work

Art Law Journal

Want to sell your artwork on your own? These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal.