Art Law Journal

MARCH 9, 2021

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. Here are some of the most crucial factors.

Artwork 97

Artwork Journalism Art Business 97

Copyright Lately

OCTOBER 24, 2022

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.

Copyright Infringement 87

Copyright Infringement Artwork Copyright Fair Use 87

JD Supra Law

JUNE 10, 2022

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. Bored Apes” are a specific line of NFTs depicting original characters based on – you guessed it – bored. By: Robinson+Cole Data Privacy + Security Insider

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Artwork Ownership Privacy Art 105

Intellectual Property Brief

MARCH 28, 2022

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.

Artwork 52

Artwork Copyright Art Blogging 52

Art Law Journal

JANUARY 13, 2021

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.

Artwork 74

Artwork Journalism Art Business 74

Above the Fold

FEBRUARY 24, 2022

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”). Thaler identified the author of the work as the “Creativity Machine.”

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Copyright Artwork Copyright Law Registration 52

LexBlog IP

FEBRUARY 24, 2022

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”).

Artwork 52

Artwork Copyright Copyright Law Registration 52

Art Law Journal

OCTOBER 29, 2021

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. Pricing Artwork to Increase Its Value. Borbay.com.

Artwork 52

Artwork Art Business Licensing 52

Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. There are exceptions to this rule, for example, if the artwork is a work made for hire , or if the artist assigns copyright to the buyer, but otherwise, the artist controls the duplication.

Artwork 52

Artwork Non-Fungible Tokens Copyright Art 52

IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

Artwork 75

Artwork Trademark Art Government 75

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

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Artwork Intellectual Property Copyright Intellectual Property Law 98

Art Law Journal

NOVEMBER 10, 2021

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. Put all the payment terms in writing and confirm with your buyer.

Artwork 52

Artwork Art Graphic Design Social Media 52

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

Copyright 145

Copyright Artwork Registration Designs 145

LexBlog IP

JUNE 9, 2022

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.

Artwork 40

Artwork Copyright Law IP Television 40

JD Supra Law

NOVEMBER 10, 2022

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

Copyright Infringement 52

Copyright Infringement Copyright Artwork Licensing 52

Plagiarism Today

SEPTEMBER 14, 2022

In short, AI artwork has emerged so quickly that there are significant practical, legal and ethical issues surrounding it and the battle lines on all three are being drawn as we speak. Proactive disclosure prevents people from feeling misled by the artwork. Set Reasonable Limits: Platforms need to set reasonable limits on uploads.

Art 335

Art Plagiarism Artwork Copyright 335

IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i]

Copyright 87

Copyright Registration Art Intellectual Property 87

JD Supra Law

MARCH 28, 2022

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.)

Copyright 98

Copyright Artwork Inventor Patent 98

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

Copyright 121

Copyright Artwork Registration IP 121

Plagiarism Today

NOVEMBER 22, 2022

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. ” Since then, the store has covered up the mural and posted security outside the shop.

Copyright Infringement 167

Copyright Infringement Copyright Artwork Plagiarism 167

JD Supra Law

MARCH 17, 2022

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.". Background - On February 14, 2022, the Review Board of the U.S.

Copyright 124

Copyright Artwork Registration 124

JD Supra Law

MARCH 17, 2023

and AI Artwork. This blog has covered artificial intelligence and copyright protection in the United States on a number of occasions, including It’s Alive? To date, the Copyright Office has consistently rejected registration of works created using AI technology. By: Dorsey & Whitney LLP

Copyright 98

Copyright Registration Artwork Blogging 98

IP Watchdog

JANUARY 16, 2023

District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S.

Copyright 124

Copyright Artwork Law Intellectual Property 124

The IP Law Blog

MAY 25, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 98

Fair Use Copyright Law Copyright Derivative Work 98

JD Supra Law

FEBRUARY 9, 2023

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding intellectual property protections of these works—in particular, copyright protections. By: Venable LLP

Copyright 98

Copyright Intellectual Property Artwork Technology 98

JD Supra Law

FEBRUARY 16, 2023

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this space are giving rise to questions about copyright protections of works produced by generative AI systems.

Copyright 98

Copyright Artwork Technology 98

JD Supra Law

MAY 26, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law.

Fair Use 52

Fair Use Copyright Law Artwork Copyright 52

Plagiarism Today

DECEMBER 8, 2021

3: PokerPaint Boss Brett Butz in New Copyright Theft Row over Artwork NFTs. Now, just a few months later, PokerPaint is back in the spotlight for offering NFTs of some of that artwork and at least one photographer is claiming that it includes work he previously filed a cease and desist order on.

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Cease and Desist Copyright Infringement Copyright Artwork 196

JD Supra Law

FEBRUARY 13, 2023

Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag. In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al.

Non-Fungible Tokens 97

Non-Fungible Tokens Trademark Artwork Art 97

The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

Artistic Work 144

Artistic Work Intellectual Property Artwork Copyright 144

The IP Law Blog

NOVEMBER 10, 2022

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. Watch this episode here:

IP 105

IP Law Trademark Artwork 105

IP Law 360

OCTOBER 12, 2022

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.

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Fair Use Artwork Copyright Music 110

JD Supra Law

MAY 22, 2023

However, Warhol went further and created a series of artwork based on Goldsmith’s photograph. Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” The illustration was Andy Warhol’s portrait of Prince known as “Purple Prince.”

Copyright Infringement 52

Copyright Infringement Fair Use Copyright Artwork 52

JD Supra Law

JANUARY 30, 2023

Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Lynn Goldsmith.

Copyright Law 97

Copyright Law Copyright Law Social Media 97

JD Supra Law

MARCH 1, 2022

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”).

Copyright 98

Copyright Registration Artwork Law 98

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

Licensing 95

Licensing Non-Fungible Tokens Artwork IP 95

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. Essentially, the court found that merchandise displaying Banksy’s artwork was ubiquitous and that the artist had done nothing to prevent this. street artist Banksy.

Trademark 82

Trademark Copyright Infringement Artwork Copyright 82