Olartemoure Blog

APRIL 12, 2024

However, Klimt’s paintings were not only an expression of love and romance, but also part of legal battles for Intellectual Property. IT WASN’T UNTIL 1998 THAT MARIA ALTMANN, ADELE BLOCH-BAUER’S NIECE, INITIATED LEGAL PROCEEDINGS TO RECLAIM HER FAMILY’S STOLEN ARTWORK.

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Art Intellectual Property Artwork IP 59

IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

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Artwork Intellectual Property Journalism Copyright 98

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The copyrights that subsist on an NFT are also governed with the help of a smart contract. With the crypto market gaining attention and popularity, IP laws to specifically govern crypto spaces will most likely be created in the near future.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

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LexBlog IP

APRIL 20, 2022

” The need for spring cleaning, and a sense of coming out of hibernation, seems especially acute this April for this intellectual property lawyer. Some say that to ‘spring clean’ means to wake up from a melatonin-induced slumber of spirit and mind.” University Of Houston System, No. 21-735 (2021).

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Intellectual Property Music Copyright Fair Use 52

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]

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Registration Art Copyright Artwork 81

IPilogue

SEPTEMBER 23, 2022

Its low prices are typically attributed to its frequent and large-scale productions, but another reason for such low pricess may be intellectual property theft. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork. Mollman versus Shein.

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Business Artwork Intellectual Property Copyright Infringement 59

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.

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Art Copyright Ownership Non-Fungible Tokens 105

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.

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Artwork Copyright Editing Ownership 52

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 126

43(B)log

JANUARY 16, 2024

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases without addressing the First Amendment implications. In Jack Daniel’s v.

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IP Artwork Intellectual Property Licensing 81

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. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

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Copyright Intellectual Property Ownership Technology 86

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR).

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Intellectual Property IP Government Invention 68

IPilogue

SEPTEMBER 20, 2021

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections.

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Intellectual Property Artistic Work Copyright Artwork 111

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.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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.

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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.

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Moral Rights Artwork Fair Use Copyright 76

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. Katpost on some of the Bill’s highlight here.

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Copyright IP Social Media Copyright Infringement 92

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.

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Non-Fungible Tokens Trademark Art Branding 79

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. This is exactly the case here.

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Artwork Public Domain Art Copyright 56

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

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 12] Courts around the world generally apply tests to determine IP infringement. [13]

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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.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the World Intellectual Property Organization (WIPO) held a symposium that looked at the relationship between copyright and AI. Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. The result is most often unforeseeable and random.

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Registration Copyright Law Artwork Copyright 60

IP and Legal Filings

AUGUST 13, 2022

This paper attempts to analyse the present laws governing the trading of NFTs over the public ledger and the loopholes in those regulations that could have significant legal implications. Furthermore, it attempts to provide possible solutions to improve the governance of NFTs. Picture Credit: gettyimage].

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Non-Fungible Tokens Intellectual Property Government Art 52

Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. In such cases, it amounts to licensing of copyrightable works.

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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?

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Ownership Art Artwork Non-Fungible Tokens 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.

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Art Artwork Ownership Government 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.

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Copyright Art Fair Use Registration 145

IPilogue

DECEMBER 1, 2022

It is not surprising that it has taken decades before the discussion surrounding intellectual property and the Holocaust has grown to include the recovery and disposition of works of Holocaust victims. Title to Holocaust works may, therefore, be owned by the governments where those works are located.

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Moral Rights Ownership Artwork Intellectual Property 65

LexBlog IP

DECEMBER 20, 2023

If the defendant appeals to the Beijing Intellectual Property Court, the trial court’s apparent misunderstanding of the idea/expression dichotomy seems ripe for challenge. Undoubtably a tech-friendly decision, the court’s ruling also notably aligns with a key policy of the Chinese government.

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LexBlog IP

APRIL 15, 2022

In addition, as a night watchman, the government keeps the intervention to the business activities in the non-antique art industry at a very low level. Because galleries can acquire artwork directly from their represented artists, the risk of purchasing a forgery can be reduced to a minimal level. Challenges: exchange control and tax.

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Art Marketing Marketing Artwork 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.

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IP Non-Fungible Tokens Ownership Artwork 52

Copyright Lately

MAY 6, 2022

.” Ok, ok, it’s actually not that simple, which means now I get to wake you up from your NyQuil-fueled fever dream and be the killjoy who reminds you that the metaverse isn’t some kind of self-governing Florida special district in which real world laws don’t apply.

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Derivative Work Licensing Artwork Contracts 87

Kluwer Copyright Blog

JANUARY 10, 2022

This has come about following their use in connection with the transaction of different types of digital content (including artworks), often for exorbitant amounts. Intellectual Property Law in China, 2nd edition. It’s 23 April 2021, so where is the Advocate General opinion in Case C-401/19 Poland v Parliament and Council?

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