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 Television Art Ownership 40

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

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. Copying-in-Fact. ” Independently (?), VINDICATED!!!

Copyright 93

Copyright Artwork Copying Social Media 93

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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

Plagiarism 207

Plagiarism Graphic Design Copying Artwork 207

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

Art 133

Art Artwork Copying Moral Rights 133

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.

Copyright 132

Copyright Copying Non-Fungible Tokens Copyright Law 132

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.

Copyright 84

Copyright Intellectual Property Ownership Technology 84

Intepat

OCTOBER 7, 2022

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. The following types of original artistic work are protected by copyright. The following types of original artistic work are protected by copyright.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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.

Moral Rights 74

Moral Rights Artwork Fair Use Copyright 74

IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. This article was written as a requirement for Prof.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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.

Designs 88

Designs Design Copyright Copyright Infringement 88

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

TorrentFreak

JUNE 22, 2022

“Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write. That turns copyright law on its head,” the lawyers write.

Non-Fungible Tokens 124

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 124

IIPRD

FEBRUARY 6, 2024

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. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MAY 24, 2023

Art Law in Session To illustrate, Vanity Fair paid the Andy Warhol Foundation $10,000 to use his work (which borrowed significantly from Goldsmith’s photo), while People paid Goldsmith $1,000 for her image. And Warhol often cited “mass production” as a justification for his artwork.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

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. 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. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

TorrentFreak

NOVEMBER 7, 2023

Attorneys acting for Cognosphere inform the court that the company is the exclusive licensee of Genshin Impact in the United States and other territories, which includes any artwork, gameplay footage, and related audiovisual content. Copies of the notices sent in support of the DMCA subpoena application are similarly redacted.

Social Media 104

Social Media Artwork Publishing Copyright 104

IP Tech Blog

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. Even if copyright is accepted in both the US and China as the most suitable IP for NFTs protection, challenges remain. Two ideas of ownership have emerged under copyrights. Yes Snowboards.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

MAY 25, 2022

Github user ‘Chef Nomi’ (who was central to the SushiSwap crypto controversy ) had not only taken the name of one of Blizzard’s characters but was also using Blizzard’s artwork in his avatar. Supreme Court copyright ruling that adds significant nuance. So that’s that then? Well not exactly.

Copyright Infringement 134

Copyright Infringement Copyright Law Copyright Technology 134

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 55

Art Plagiarism Artwork Graphic Design 55

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 1. Proposal 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 52

Art Plagiarism Artwork Graphic Design 52

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 84

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 84

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 81

Artwork Contracts False Advertising Art 81

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. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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.

Artwork 103

Artwork Copyright Business Copyright Law 103

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This chapter examines whether street artists and writers are interested in copyright.

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. Even if copyright is accepted in both the US and China as the most suitable IP for NFTs protection, challenges remain. Two ideas of ownership have emerged under copyrights. Yes Snowboards.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. You’re getting a license to use, copy and display this item. Ownership of NFTs.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. So there’s a lot of nuances out there.

Music 93

Music Social Media Artwork Intellectual Property 93