IP Law 360

OCTOBER 7, 2022

A trio of attorneys who have experience both in BigLaw and the federal government will be arguing before the U.S. Supreme Court in a copyright dispute over whether Andy Warhol's artwork made fair use of a photo of music legend Prince.

Artwork 75

Artwork Copyright Fair Use Music 75

The IPKat

DECEMBER 14, 2023

Today, we begin with developments in the copyright field. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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.

Copyright 145

Copyright Art Fair Use Registration 145

IIPRD

MARCH 1, 2023

Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale. This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright? Furthermore, protect it from any kind of misuse.

Designs 88

Designs Design Copyright Copyright Infringement 88

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.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. NFT Copyright Licensing. Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IPilogue

MARCH 18, 2022

It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freeing the Indigenous flag and making it available to everyone to use.

Government 120

Government Copyright Ownership Copyright Law 120

TorrentFreak

JANUARY 5, 2023

A quote attributed to former UK Prime Minister Winston Churchill suggests that democracy is actually the worst form of government – except for all the others. The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members.

Government 126

Government Reporting Intellectual Property Copyright 126

IPilogue

SEPTEMBER 23, 2022

Recently, Shein is once again being sued for copyright infringement. District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Mollman versus Shein.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

NOVEMBER 26, 2023

Photo by Possessed Photography on Unsplash Copyright protection in machine-generated works is not a new issue for law makers. 53 (1884) extended copyright protection to photography. 53 (1884) extended copyright protection to photography. 2018) ), questioning whether a non-human could be the author of a copyrighted work.

Registration 59

Registration Copyright Law Artwork Copyright 59

IPilogue

SEPTEMBER 20, 2021

Photo Credits: Sukanya Sarkar (ManagingIP.com) (The image above is that which received copyright protection). Creative works, such as artworks, qualify for copyright protection if they are original. Competing conceptions of ‘authorship’ and ‘originality’ in the copyright community explain this rejection.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri ). He sought to register the work for a copyright in the US, listing the computer system as the author and explaining that the copyright should transfer to him as the owner of the machine.

Art 65

Art Copyright Registration Artwork 65

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. MOCI Regulation No.

Non-Fungible Tokens 84

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 84

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks. Application Targets NSW2U and NSWROM Domains.

Social Media 139

Social Media Artwork Copyright Reporting 139

43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

IP 81

IP Artwork Intellectual Property Licensing 81

IP and Legal Filings

OCTOBER 18, 2022

Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. Some groups have historically built towns around their NFT holdings.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

TorrentFreak

JANUARY 1, 2024

Working on behalf of Cricket Australia, India-based Copyright Integrity International claimed our article was in direct violation of its client’s rights in content relating to cricket matches of the KFC Big Bash League. Any DMCA notices received must be treated as legal documents and responses must be governed accordingly.

Reporting 124

Reporting Copyright Publishing Artwork 124

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Erik K Pelton

DECEMBER 20, 2022

The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Hetronic International, Inc. which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Roc-A-Fella Records, Inc.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. 3] Section 17 of the Copyright Act, 1957. [4] 4] Andrew L.

IP 52

IP Artwork Contracts Intellectual Property 52

IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. Copyright Protection and Enforcement. billion by 2027.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Kashishipr

JUNE 16, 2021

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

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IP and Legal Filings

MAY 24, 2024

Any engagement with a registered trademark can be well covered within the purview of artistic freedom, if such reference forms an essential part of the production of an artwork and does not degenerate or disparage the applicant’s trademark, the court noted.

Non-Fungible Tokens 77

Non-Fungible Tokens Trademark Art Branding 77

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. Copyrights: A copyright protects original works of authorship, such as books, movies, songs, and software coding. Trade Secrets: A trade secret is an intellectual property that isn’t registered with the government.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52