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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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 Right to Create and Sell NFTs. The distribution right.

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TorrentFreak

JANUARY 5, 2022

These NFTs are not without copyright issues. There are also more complex copyright angles too, as Quentin Tarantino discovered a few weeks ago. Needless to say, the legal battle is about much more than principles and copyright. For example, early artwork featuring Samuel L. Miramax Sued Tarantino.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. 17 of the Copyright Act, 1957 (the Act). But under Sec.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. We address these questions in a two-part post.

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IPilogue

JUNE 13, 2022

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. Many NFT marketplaces do not require the person listing the piece to provide proof of ownership or personal information.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. There are four main types of intellectual property rights; patents, trademarks, copyrights, and trade secrets.

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IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

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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. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

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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. A final appeal to the Italian Supreme Court followed.

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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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IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

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JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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SpicyIP

DECEMBER 15, 2023

Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? AI Generated ‘Work’ or Software Outcome?

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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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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. 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.

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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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LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

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43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

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43(B)log

JULY 20, 2022

Chiusa has a copyright registration for the website obtained during this dispute. Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

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Copyright Lately

FEBRUARY 6, 2022

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. appeared first on Copyright Lately. So there’s a lot of nuances out there.

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Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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Corsearch

AUGUST 2, 2023

That’s because the platform’s actions will vary depending on the type of infringement. Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Copyright infringement as the unauthorized use of a protected work.

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Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². Infringers have swiftly automated NFT minting, using copyrighted imagery and trademarks without any authorization from brand owners.

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Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Image Sources : Gettyimages] One of the important issues in online is copyrights. One such area where copyright violations are common is the internet. These advantages can be made profitable for the owner.

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Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. What is a Fair Use Defense to a Copyright Infringement Claim?

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The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This blog post speculates on the issues that may arise in that litigation and other similar cases.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. NFTs Are Not Copyrightable.

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IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Interestingly enough, copyrights play a pivotal role in the NFT market. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

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LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Scenario 1: Protecting the Work by Copyright. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. .”

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IP Whiteboard

JUNE 7, 2021

This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. NFTs have a variety of uses which extend far beyond digital artwork. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal.

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