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 134

Art Artwork Copying Moral Rights 134

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 76

Moral Rights Artwork Fair Use Copyright 76

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Artwork based on such a notion presents challenges when attempting to establish ownership. And that’s the rub; this is the crux of the problem.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. Once your copyright has expired, anyone can use or copy your work. As a result, marketing has been done but on a limited budget.

Blogging 40

Blogging IP Artwork Intellectual Property 40

TorrentFreak

FEBRUARY 11, 2024

The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that. In this case, Boomer’s lawsuit makes his position clear; Get Muscles Simulator is a blatant copy of his copyrighted game. The defendant will have to satisfy the court that simply isn’t true.

Copying 75

Copying Artwork Designs Design 75

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Nearly all the marketing focuses on using the new service rather than what it means for existing artists. DeviantArt failed at that task.

Artwork 210

Artwork Art Plagiarism Reporting 210

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. The second limitation is masks.

Copyright 235

Copyright Trademark Cease and Desist Copying 235

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. However, Bungie says the cheat is still available. Bungie says the defendants infringed its rights in multiple ways.

Copyright Infringement 142

Copyright Infringement Copyright Derivative Work Artwork 142

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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 82

Artwork Contracts False Advertising Intellectual Property 82

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. Conclusion.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered. And the database only goes back to 1991.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

43(B)log

MAY 2, 2023

The kit consisted of pictures of six pieces of Plaintiff’s art, biographical slides, and materials such as paint, paint brushes, and collage-style puzzle pieces “so that the students would have the necessary materials to create their own masterpieces in the form of mosaics and/or completely new artworks.” This didn't show market harm.

Art 59

Art Fair Use Marketing Marketing 59

IPilogue

JULY 8, 2022

An Artist Resale Right (ARR) allows the artist or the artist’s estate to profit or financially benefit from the sale of the artist’s work in secondary markets after the original sale. This situation is why artists around the world advocate for resale rights. As of May 2022, Canada does not have a policy towards ARR in place.

Non-Fungible Tokens 73

Non-Fungible Tokens Art Artwork Copying 73

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

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. They must get copyright subscriptions for original photos, audio recordings, videos, artwork, and text.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. is no doubt a talented artist with an inspiring story, and his artwork has clearly touched his community. appeared first on Technology & Marketing Law Blog. –Cooley v. Target Corp.

Copyright 96

Copyright Artwork Designs Design 96

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

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.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

The IPKat

MARCH 13, 2022

A final appeal to the Italian Supreme Court followed. It is important to recall that such appeals only concern the correct interpretation of legislative provisions.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Art Law Journal

JUNE 30, 2022

Your Copy-Rights. For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1”

False Advertising 72

False Advertising Ownership Registration Designs 72

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

TorrentFreak

JULY 28, 2021

According to the plaintiffs, these people operate, oversee or participate in Ring-1, an operation that develops, distributes and markets a range of cheats for Destiny 2 and Rainbow Six Seige, among others. They want the Ring-1 website (and any copies) to be shut down, along with the cheating software itself. 1201(a)(2)).

Copyright Infringement 137

Copyright Infringement Copyright Derivative Work Social Media 137

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Edit and curate the artwork in your digital art portfolio, so it represents the authentic you. Only use high-quality images of your artwork. Wix : for pixel-perfect designs.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Edit and curate the artwork in your digital artist portfolio so it represents the authentic you. Only use high-quality images of your artwork. Wix : for pixel-perfect designs.

Artwork 52

Artwork Art Social Media Marketing 52