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

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. If users wanted to opt out their entire account, they had to fill out a web form that required a human review and, according to reports, up to 10 days to take effect.

Artwork 215

Artwork Art Plagiarism Reporting 215

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.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

Copyright Lately

SEPTEMBER 12, 2022

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. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. 17 U.S.C. §

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

The IPKat

NOVEMBER 1, 2022

A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. 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.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

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

TorrentFreak

JUNE 22, 2022

Eager to cash in on the non-fungible token (‘NFT’) boom, as widely reported in the media, Quentin Tarantino recently announced plans to auction off seven ‘exclusive scenes’ from the 1994 motion picture Pulp Fiction in the form of NFTs,” the complaint read. For example, the early artwork featured iconic depictions of Samuel L.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 120

The IPKat

APRIL 19, 2023

(The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. On 23 August 2021, Sotheby’s sold the “re-minted” on Ethereum Quantum NFT to a buyer, Alex Amsel, for a reported sum of $1,472,000 US.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

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. He is the reported operator of Lavicheats.com. However, Bungie says the cheat is still available. Bungie vs. Kunsal Bansal (Lavicheats.com).

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

TorrentFreak

JULY 1, 2022

Eager to cash in on the non-fungible token (‘NFT’) boom, as widely reported in the media, Quentin Tarantino recently announced plans to auction off seven ‘exclusive scenes’ from the 1994 motion picture Pulp Fiction in the form of NFTs,” the complaint read. The tweets are also listed as infringing examples in the legal paperwork.

Non-Fungible Tokens 91

Non-Fungible Tokens Copyright Artwork Copyright Infringement 91

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. Report the infringement To submit a notice of infringement, you’ll first need to log in to your Facebook account.

Branding 52

Branding Brands Branding Copyright Infringement 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 56

Art Plagiarism Artwork Graphic Design 56

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. Eaglercraft Crackdown A few weeks ago we reported that Mojang had asked Github to remove several Eaglercraft repositories. However, that doesn’t completely stop the problem.

Copyright Infringement 123

Copyright Infringement Artwork Copyright Intellectual Property 123

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

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. TSPs are natural or legal persons responsible for the validation and security of digital signatures.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Copyright Lately

MAY 22, 2023

Contrary to early reporting from the likes of NPR and The New York Times , the Court did not decide that Warhol infringed Goldsmith’s copyright when he created the Prince Series in the first place. Put another way, it ain’t what you do, it’s the way that you do it. “[T]he first fair use factor.

Fair Use 95

Fair Use Licensing Copying Artwork 95

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. Leaving the law aside, generative AI triggered some backlash in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

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

The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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.

Branding 52

Branding Brands Branding Reporting 52

LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., scholarship, or research” [2] and is evaluated through multiple factors. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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] According to the mediator’s report, an in-person mediation occurred on October 13, 2022, but the matter did not settle. [6] 3] On July 6, 2022, Judge Robert N. 6] The banana is ripe for adjudication.

Copyright 52

Copyright Copying Artwork Art 52

Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. Feist cites INS for proposition that the “news element” is not the creation of the writer but the report of the history of the day which is public property. Eventually they start creating annual reports w/statistics. She doesn’t think those are the same.

Copyright 59

Copyright Moral Rights Artwork Art 59

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

The IPKat

DECEMBER 16, 2021

The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

MAY 19, 2023

copyright law identifies certain types of uses — such as criticism, comment, news reporting, teaching, scholarship and research — that are particularly important to our society. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kashishipr

JUNE 16, 2021

The 2018 Netwrix IT Risks Report found that small and medium businesses are even more vulnerable to IP theft and cyber espionage than enterprises; however, their losses go unnoticed. Copyright and trade secrets like software, secret formula/recipes, music, etc.,

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

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

Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

TorrentFreak

APRIL 26, 2024

Nintendo has a reputation for taking action against content featuring its characters and artwork so removing it now is the right thing to do. Over the past few months there have been reports of bogus DMCA notices claiming to have been sent by Nintendo, containing allegedly similar fictitious claims.

Artwork 113

Artwork Branding Brands Branding 113

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. Cuttack’s Silver Filigree gets GI tag.

Trademark 59

Trademark Registration Copyright Patent 59

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

Litigation 143

Litigation Copying Copyright Designs 143

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]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

Fair Use 113

Fair Use Copyright Copying Technology 113

Copyright Lately

MAY 6, 2022

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. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

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. Court of Appeals for the 2nd Circuit has held).

Fair Use 134

Fair Use Copyright Derivative Work Art 134