Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Slater, 16-15469, popularly known as the Monkey selfie case.

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The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

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IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). Uffizi took issue with Pornhub’s online guide to erotic art which used the artwork.

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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

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Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Industrial Design.

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IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. The author of a copyright-protected work can bring a claim for copyright infringement, but this is contingent on knowing the infringer’s identity.

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The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

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IPilogue

NOVEMBER 30, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Copyright law protects and should continue to protect communicative and dialogical spaces.

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LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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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. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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IPilogue

SEPTEMBER 20, 2021

Photo Credits: Sukanya Sarkar (ManagingIP.com) (The image above is that which received copyright protection). 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. .

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. It will be intriguing to follow up case law in this area as it makes progress.

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IPilogue

JUNE 30, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. As stated above, Canadian copyright law also does not protect titles of works. based company, as well as its Indian affiliates and founders. Defences raised. What about Canada? in recent years.

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IP Tech Blog

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Dear Rich IP Blog

JULY 27, 2023

Mexican copyright law placed Kahlo's works in the public domain 25 years after her death, so you don't need authorization to include a photo of her painting in your film. More importantly, deceased figures cannot be defamed or have their privacy invaded (the two common basis for lawsuits involving the use of real people in fiction).

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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.

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Dear Rich IP Blog

AUGUST 3, 2022

As to the second factor , the nature of the copyrighted work, courts generally consider photographs as creative works, unless, as might be the case with your photo, the photo is more documentary in nature and does not “showcase the original artistic expression of the photographer.” (See Architectural copyright. See DeFontbrune v.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Background (NFT Copyright). The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Shenzhen Qice Diechu Cultural Creativity Co.,

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LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

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Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Copyrights protection for the artwork itself is also critical.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. This distinction becomes especially imperative in the context of the IP rights associated with NFTs. IP Law Applicability to NFTs in the Industry. Essentially, an NFT is a digital token that can serve as a certificate of ownership.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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IPilogue

MARCH 18, 2022

Crown Copyright in Other Jurisdictions. Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. Section 176 of Australia’s Copyright Act, 1968 provides for Crown copyright for works created under the “direction or control” of the Crown.

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Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4. Proposal 12.

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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. We will follow this case as it proceeds, and blog further. [1]

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LexBlog IP

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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IP Tech Blog

JUNE 2, 2023

The majority, however, rejected the idea that a famous artist enjoys a privilege under copyright law to make derivative works just because a judge or a jury might find that artist’s contributions to be meaningful or profound. While the dissent found support from precedent, taken to its logical conclusion, it made no sense.

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months.

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Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The preferred form of regulation in the NFT sector is code rather than copyright law.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

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The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. In the US, privacy laws are generally driven by state law, but there may be applicable federal law depending on the nature of the information collected.

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The IP Law Blog

MARCH 31, 2022

The court did acknowledge that the prototypes, artwork, proposed packaging and game instructions pitched by Wexler were novel, however, the Court pointed out that Hasbro did not develop any of the examples submitted by Wexler.

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