JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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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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Artwork Public Domain Moral Rights Art 143

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Cattelan appeared first on Technology & Marketing Law Blog.

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Copyright Artwork Copying Social Media 90

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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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low.

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Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. Industrial Design.

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IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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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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IP Tech Blog

JANUARY 4, 2023

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. For more details on the topic of design and the metaverse in China see our previous blog post. Applicable IP rights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Copyright law protects and should continue to protect communicative and dialogical spaces.

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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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Publishing Fair Use Artwork Copyright 97

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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Copyright Copyright Law Intellectual Property Plagiarism 52

IPilogue

JUNE 13, 2022

Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

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IPilogue

SEPTEMBER 20, 2021

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. . Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections.

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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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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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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

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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Copyright Copying Non-Fungible Tokens Copyright Law 133

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Very few jurisdictions expressly provide for copyright in computer-generated works.

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IPilogue

JUNE 30, 2022

As stated above, Canadian copyright law also does not protect titles of works. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc. What about Canada? The Federal Court of Canada last addressed this issue in Drolet v.

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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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Copyright Copyright Law Ownership Copyright Infringement 105

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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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.

Copyright 52

Copyright Technology Artwork Fair Use 52

LexBlog IP

JANUARY 4, 2023

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. For more details on the topic of design and the metaverse in China see our previous blog post. Applicable IP rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

The court held that out of all the photographs appropriated by Prince, 25 of them fell into the exception of fair use under the copyright law as the artworks made by Prince had different expressions and meanings from the original photographs of Cairou and copyright protection is granted only to expressions of ideas and not to the ideas.

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Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. enjoy the protection under Copyright laws if you are the first and original creator of these components.

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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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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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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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Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work.

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Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Let’s find out.

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Copyright Infringement Artwork Copyright Registration 52

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. For example, copyright law as it stands today may not sufficiently protect athletes or associations like the NBA from the unauthorized creation of NFTs. Essentially, an NFT is a digital token that can serve as a certificate of ownership.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” 17 U.S.C. §

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