LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI-related copyright cases.

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Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. This case involves Morford’s 2001 artwork named “Banana and Orange.” Copying-in-Fact. ” Why?

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Copyright Artwork Copying Social Media 90

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. What Is Copyright? They must not be used by anyone other than the artist himself.

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Designs Design Copyright Copyright Infringement 92

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. Copyright, in the simplest terms, is “ the right to copy.”

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Copyright Law Copyright Law Art 111

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. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

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Copyright Intellectual Property Ownership Technology 52

Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

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Settlement Registration Artwork Art 166

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Let me know via Twitter @plagiarismtoday.

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Music Art Artwork Copying 198

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

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Copyright Derivative Work Artwork Fair Use 97

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.

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Fair Use Derivative Work Artwork Copyright Infringement 97

Plagiarism Today

AUGUST 18, 2021

A Long History of Copying. Most notably, that included the PUBG Corporation, which filed a lawsuit against Epic Games in May 2018 for alleged copyright infringement. However, it wasn’t the end of Epic Games’ issues with copying. Did they go too far when pulling from Among Us for Imposters?

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Plagiarism Copying Artwork Copyright Infringement 246

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.

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Non-Fungible Tokens Copyright Artwork Copyright Infringement 89

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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Copyright Art Fair Use Registration 145

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. 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.

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Non-Fungible Tokens Art Due Diligence Social Media 125

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

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

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Registration Artistic Work Copyright Registering Trademarks 98

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “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.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 118

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

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Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

NOVEMBER 8, 2021

In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. Digital platforms have made it increasingly easy to disseminate unauthorized copies of art works that are copyright protected. Image Source: gettyimages]. IPR and contemporary art. McDonald’s Corp.:

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Art Artwork Television Copyright Infringement 77

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. The second prong of the test requires a showing of “copying” and “unlawful appropriation.” Stability AI.

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Copying Artwork Ownership Copyright 52

LexBlog IP

NOVEMBER 9, 2023

In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly used the artists’ copyrighted works without permission. The order in Andersen et al.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Copying 52

TorrentFreak

APRIL 24, 2023

With hundreds of millions of copies sold, it’s also the best-selling video game in history, a reign that looks set to continue. Interestingly, another Microsoft-owned company has been at the center of several copyright disputes recently. From: TF , for the latest news on copyright battles, piracy and more.

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Copyright Infringement Artwork Copyright Intellectual Property 122

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

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Art Copyright Moral Rights Cease and Desist 57

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] 2] On January 4, 2021, pro se plaintiff Joe Morford filed a complaint in the Southern District of Florida claiming that Cattelan’s Comedian infringes Morford’s preexisting work, Banana & Orange. [3]

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Copyright Copying Artwork Art 52

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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Licensing Fair Use Copyright Derivative Work 52

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

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Copyright Law Copyright Law Artwork 103

TorrentFreak

FEBRUARY 11, 2024

The last time developer Christopher Boomer appeared on our radar was back in July 2022 when he attempted to unmask thousands of alleged copyright infringers using the DMCA subpoena process. The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

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Copying Artwork Designs Design 74

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

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. Of note, in DRG Inc.

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Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), There is no certification that the creator is really who they claim to be or that they legally own the copyright or any other IP right on the digital file linked to the NFT. In other words, the “old” IP rights (copyright, trade marks, etc.) remain fully applicable to NFTs.

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Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

MAY 25, 2022

This archive not only allows rightsholders to monitor trends relevant to them, but also shines light on how copyright can be abused to impede the free flow of information. The notice, sent by anti-piracy company Irdeto on behalf of Blizzard Entertainment, is verifiably legitimate and addresses a genuine case of copyright infringement.

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Copyright Infringement Copyright Law Copyright Technology 129

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Branding Brands Branding Copyright Infringement 52

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Kurasov v.

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Art Plagiarism Artwork Graphic Design 56

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. The post No Fair Use for Warhol Prince Photo appeared first on Syed Law®

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Fair Use Artwork Intellectual Property Copyright Law 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

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Wali v.

Art 52

Art Plagiarism Artwork Graphic Design 52

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

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Database Right Licensing Public Domain Artwork 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Intellectual Property Cease and Desist Copyright Law Music 52