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

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. Bottom Line.

Copyright 238

Copyright Trademark Cease and Desist Copying 238

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. Musical Works.

Designs 94

Designs Design Copyright Copyright Infringement 94

The IPKat

NOVEMBER 1, 2022

There were 18 registered copyrighted works related to the Ogopogo, including books, posters, artwork, videos (in some cases, supposedly of the creature itself) and dramatic works. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered. And the database only goes back to 1991.

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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. NFTs are viewed as the future of ownership by enthusiasts.

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IIPRD

FEBRUARY 6, 2024

Introduction The media and entertainment industry is a broad and ever-evolving domain that includes several industries, including music, cinema, television, fashion, and more. Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law.

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Intellectual Property Cease and Desist Copyright Law Music 52

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.

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Artwork Contracts False Advertising Intellectual Property 82

Dear Rich IP Blog

JANUARY 16, 2024

However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects. Physical ownership of a work is not the same as copyright ownership. A copyright transfer can only be accomplished by the authority of the copyright owner. Transfer of ownership ≠ publication.

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Ownership Fair Use Copyright Artwork 59

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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Fair Use Derivative Work Copying Licensing 57

LexBlog IP

JULY 13, 2021

Because NFTs are often digital artworks, it helps to think in terms of art. An NFT can represent anything in digital form, from visual artworks to music, multimedia, e-books and even digital trading cards. Similarly, one Bitcoin is interchangeable with another. The Mona Lisa is non-fungible.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

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. The Copyright Act Definition is Broad, But.

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Derivative Work Art Copying Fair Use 108

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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Fair Use Derivative Work Copying Licensing 52

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Non-fungible tokens (“NFTs”) continue to be popular.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 90

IIPRD

AUGUST 4, 2022

The reason for this is that copyright encompasses all types of original literary, artistic, musical, theatrical, cinematographic, and other works. So, whether it’s your original reel, a musical composition, a YouTube video, a painting you shared, or a write-up you wrote as a social media influencer, everything is copyright protected.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

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. So that’s that then? In a nutshell, the plaintiffs in MGM v.

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Copyright Infringement Copyright Law Copyright Technology 134

Kashishipr

JUNE 16, 2021

Copyright and trade secrets like software, secret formula/recipes, music, etc., Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

SEPTEMBER 15, 2022

January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miles Parks McCollum v. Opulous et al. 2:22-cv-00587, U.S. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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.

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Blogging Social Media Television Fair Use 90

Corsearch

AUGUST 24, 2023

Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand. If someone uses your mark without authorization, it constitutes trademark infringement.

Branding 52

Branding Brands Branding Copyright Infringement 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Acuff-Rose Music, Inc. , 22] The Court also clarified and arguably narrowed its decision in Campbell v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. Visual art rejected at consistently higher rate; music almost never rejected. Q: Why are photos rejected less than artwork? Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable.

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Copyright Moral Rights Artwork Art 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

AUGUST 22, 2022

Sony Music Entertainment, P.3d Serova bought Michael , “an album of music billed as Michael Jackson’s first posthumous release,” which promised “9 previously unreleased vocal tracks performed by” Jackson. Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson? Zimbalist, 38 P.2d

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False Advertising Advertising Advertising Artistic Work 59

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. There are two cases that could help NFT owners better understand how to protect their property under copyrights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Corsearch

AUGUST 14, 2023

Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand. Copyright infringement Copyrights are granted to authors and creators of written and multimedia works, such as books, movies, music, photographs, video games, and artwork.

Branding 52

Branding Brands Branding Intellectual Property 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.

Trademark 59

Trademark Registration Copyright Patent 59

Corsearch

AUGUST 2, 2023

Counterfeiting is one type of trademark infringement, where individuals or businesses use exact copies of registered trademarks to mislead customers and pass them off as your brand. Copyright Copyrights are granted to authors and creators of written and multimedia works such as books, movies, music, photographs, videogames, and artwork.

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Branding Brands Branding Reporting 52

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

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. There are two cases that could help NFT owners better understand how to protect their property under copyrights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. Ralph Lauren also filed for other software related goods in class 9 such as downloadable multimedia files containing artwork, all authenticated by non-fungible tokens, and downloadable computer software for use as a cryptocurrency wallet in class 9. Read the full article on World Intellectual Property Review.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

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Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Acuff-Rose Music, Inc. , 569 (1994).

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Fair Use Copyright Derivative Work Art 134

LexBlog IP

MAY 19, 2023

This can involve things like adaptations (such as a film script based on a novel), translations, or artwork based on another piece of art. Infringement: Infringement, theft, or plagiarism involves directly copying someone else’s work and presenting it as one’s own.

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Fair Use Art Licensing Derivative Work 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]

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Fair Use Licensing Cease and Desist Derivative Work 52