Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork.

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Copyright Derivative Work Artwork Fair Use 97

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

NOVEMBER 9, 2023

According to Plaintiffs, Stable Diffusion scraped the internet to copy and store billions of copyrighted images without consent or licenses to train the programs. As we previously wrote , the Andersen case relates to “Stable Diffusion,” an AI platform that generates images in response to user prompts.

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Copyright Infringement Artwork Copyright Copying 52

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. The submission of hard copies of the logos or decorations is essential.

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Designs Design Copyright Copyright Infringement 92

TorrentFreak

JULY 1, 2022

NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. NFT Copyright Battle. The tweets are also listed as infringing examples in the legal paperwork.

Non-Fungible Tokens 89

Non-Fungible Tokens Copyright Artwork Copyright Infringement 89

IPilogue

NOVEMBER 17, 2021

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Going Forward.

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Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT. Ether (USD 1+ million).

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Non-Fungible Tokens Contracts Copying Art 135

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Kluwer Copyright Blog

JULY 14, 2023

Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). No additional copyright protection granted to digitized materials. Proposal 3.

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IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

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Intellectual Property Cease and Desist Copyright Law Music 52

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

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Copyright IP Ownership Copyright Infringement 89

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S.

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Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? None of it includes copies of images. Stability AI Ltd. The current Stable Diffusion model uses about 5 gigabytes of data.

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Derivative Work Art Copying Fair Use 108

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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Blogging Social Media Television Fair Use 91

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. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Copyright Art Fair Use Registration 145

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

IP Tech Blog

JANUARY 4, 2023

The first view is more closely aligned with traditional copyright law, and the court is likely to view that standard as applicable to NFTs and copyright law. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Let’s find out.

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Copyright Infringement Artwork Copyright Registration 52

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. X wins copyright infringement case against 17 music publishers.

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Trademark Registration Copyright Patent 59

LexBlog IP

JANUARY 4, 2023

The first view is more closely aligned with traditional copyright law, and the court is likely to view that standard as applicable to NFTs and copyright law. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This exception provides copyright will not be infringed by the making of a: 1.

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Litigation Copying Copyright Designs 143

Traverse Legal Blog

APRIL 1, 2021

The underlying digital asset is copyright protected and licensed to the buyer of the NFT. Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. .

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Blogging Law IP Fair Use 52

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

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2]

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Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Scenario 1: Protecting the Work by Copyright. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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Intellectual Property Design Patent Designs Design 40

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia.

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Non-Fungible Tokens IP Cease and Desist Ownership 40