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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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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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. AI additionally possesses no copyright on the material that it generates.

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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 design rights. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. Design Rights.

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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 communication to the public right. The reproduction right.

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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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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. To counter this issue laws are placed so that the original ideas can be protected.

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LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

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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

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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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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LexBlog IP

MAY 24, 2023

And Warhol often cited “mass production” as a justification for his artwork. The Copyright Framework Copyright law is a legal framework that grants exclusive rights to creators and owners of original creative works.

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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 8.

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IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.

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TorrentFreak

OCTOBER 10, 2023

“The Content infringes Cognosphere’s exclusive rights under copyright law. The corresponding DMCA takedown notice sent to GitHub requests “expeditious action to remove or disable access to the Genshin Impact Artwork as referenced above.

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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. Copyright law in the U.S. copyright law.

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IP and Legal Filings

OCTOBER 28, 2022

Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Article 9(3) of the Copyright Law stipulates that any party without prior authorization from the copyright holder is prohibited to copy and/or commercially use copyrighted works.

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Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. We’re talking about everyone from small-time labels and artists to the likes of Disney, Nintendo and Taylor Swift, none of whom are exactly shy about protecting their IP rights. So there’s a lot of nuances out there.

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LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” ” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use.

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43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. But the IP community doesn’t have much interest in this.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork.

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IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Who owns the intellectual property (IP) developed for the purpose of Influencer Marketing? Obtain legal ownership verification. Make intangible assets. Conclusion.

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LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures.

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Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. Buying Objects ?

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IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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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. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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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. temporary copy which is; 2.

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IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

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The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies.

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SpicyIP

SEPTEMBER 11, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Discussing the order, Aparajita draws a parallel with the position of AI-generated works and prompts in the Indian Copyright law.

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Traverse Legal Blog

OCTOBER 20, 2022

The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Can I copy and use a digital asset linked to an NFT?

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LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. petitions, motions, and other filings as possible in the same time frame, for instance. ’ (Op.

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