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

IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i]

Registration 83

Registration Art Copyright Artwork 83

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

LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. ” Thereafter, Thaler filed a complaint in the D.C.

Artwork 52

Artwork Copyright Editing Ownership 52

IPilogue

SEPTEMBER 23, 2022

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. Copyright Office and included Copyright Management Information (CMI) on her artwork.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

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.

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Government Reporting Intellectual Property Copyright 124

IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S.

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Copyright Artwork Ownership Registration 145

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

Intepat

SEPTEMBER 15, 2023

AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. To navigate this complex issue, it is essential to explore the current legal frameworks governing AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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

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

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. Conclusion.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. This comprises: 1) Employing the © symbol on your artworks such as paintings, drawings, sculptures, etc. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Patent Trademark Blog

FEBRUARY 24, 2022

What if you want to register only a 2-dimensional graphic design or artwork? The same principle would apply to artwork or graphic designs shown on consumer goods. Confer with your patent attorney to explore the option of drawing the consumer good in broken lines and the artwork in solid lines.

Design Patent 52

Design Patent Designs Design Graphic Design 52

LexBlog IP

SEPTEMBER 8, 2023

6] Although the claims were based on whether the art objects were statistically linked to Turkey and if museums had official permits showing that the artworks were legally exported rather than physical evidence, [7] these calls for repatriating ancient objects in Western museums to the lands where they originated are not unique.

Art 52

Art Artwork Ownership Government 52

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

DECEMBER 14, 2023

The Regulations also protect the rights of authors of an original applied or fine artwork to a share in the proceeds of sale of that work as long as copyright subsists. A presentation of the report was made by Hon.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

Erik K Pelton

DECEMBER 20, 2022

One example was the November release of the Her Loss album by artists Drake and 21 Savage which included a fake Vogue magazine cover as part of the album artwork, as well as a fake version of Vogue magazine. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

SEPTEMBER 20, 2021

Creative works, such as artworks, qualify for copyright protection if they are original. Any decision the Canadian government makes regarding the copyright framework will not exist in a vacuum; it will be affected by developments in other jurisdictions. It is not surprising that human artists are granted such protections.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. As such, the UK government has previously announced its plans to introduce a code of practice on copyright and AI (we have previously reported about it here ).

Registration 60

Registration Copyright Law Artwork Copyright 60

TorrentFreak

DECEMBER 24, 2021

Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks. Nintendo informed the Court that the platforms are commercial in nature since they generate income from advertising via “click-through” arrangements with third parties.

Social Media 138

Social Media Artwork Copyright Reporting 138

Herbert Smith Freehills

JULY 6, 2022

In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". According to Nifty's rules, the highest 100 bidders were winners of a numbered edition of the artwork corresponding to the position of their respective bids.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 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.

Copyright 145

Copyright Art Fair Use Registration 145

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. AI will play a rapidly expanding role in all aspects of our daily life and therefore the law must govern its applications.

Copyright 69

Copyright Intellectual Property Ownership Technology 69

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] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 12] Courts around the world generally apply tests to determine IP infringement.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. After its creation, he attempted to register this work with the Copyright Office.

Art 67

Art Copyright Registration Artwork 67

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

JUNE 19, 2023

Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. billion by 2027. billion by 2027. Image Source: IStock]. CONCLUSION.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Traverse Legal Blog

APRIL 17, 2021

Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers. You’ll also get digital collectible album artwork. If you are a seller, what are your terms, what are you licensing regarding the artwork?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

TorrentFreak

JANUARY 1, 2024

Any DMCA notices received must be treated as legal documents and responses must be governed accordingly. Hey DMCA Bot: ████ █████████ ███████ ██ ██████████ When anti-piracy companies target a platform directly, Google’s diligence doesn’t enter the equation.

Reporting 121

Reporting Copyright Publishing Artwork 121

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 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

SEPTEMBER 23, 2022

Here is the clause at issue: “Furnishings, rugs, artwork, decorative lighting and accessories not to exceed $250,000. For example, the following clause comes from another case [Marcus v. Marlene Dennis Design, LLC] [link] that also made headlines. ” This clause is simply too vague. ” This clause is simply too vague.

Designs 52

Designs Design Contracts Artwork 52

The IPKat

MAY 3, 2022

has filed a figurative application for an image of the Empire State Building (see below) covering, among other things “ non-fungible tokens (NFTs) ” and “ downloadable multimedia files containing artwork authenticated by non-fungible tokens (NFTs) ” in Class 9 (see here ). ESRT Empire State Building, L.L.C.

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Non-Fungible Tokens Branding Brands Branding 100