LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 70

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

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

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Copyright Lately

AUGUST 25, 2023

As screenwriters and studios negotiate AI’s role in the entertainment industry, it’s important to be mindful of some core copyright protection principles. ” Dr. Stephen Thaler’s “A Recent Entrance to Paradise”: No human, no copyright. Material that is in the public domain. Not exactly.

Derivative Work 78

Derivative Work Registration Copyright Public Domain 78

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.

False Advertising 59

False Advertising Artwork IP Advertising 59

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply.

Artwork 56

Artwork Public Domain Art Copyright 56

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

43(B)log

JUNE 24, 2022

Opposite of the way that Copyright Office has been refusing registration for certain logos. artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. Banksy failed to register a bunch of his? So too with idea/expression.

Trademark Law 75

Trademark Law Law Trademark Registration 75