Plagiarism Today

JUNE 7, 2022

1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Registration 187

Registration Artwork Licensing Copyright 187

Plagiarism Today

AUGUST 4, 2022

First off today, Toyworld reports that Roblox has filed a lawsuit against the toy maker WowWee alleging that WowWee’s new line of dolls violates both their copyrights and trademarks. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Artwork 171

Artwork Plagiarism Intellectual Property Licensing 171

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

Artwork 121

Artwork Copyright Registration Public Domain 121

Dear Rich IP Blog

APRIL 9, 2024

As for the first factor, the purpose and character of your use is for criticism, comment, reporting, teaching, scholarship, or research, all of which are permitted under the copyright fair use statute. The third fair use factor - the amount and substantiality of the portion taken -- weighs against you because you are using the complete work.

Fair Use 52

Fair Use Art Artwork Licensing 52

Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

SpicyIP

OCTOBER 9, 2022

As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. However, a second application was filed where a natural person and an AI (again (RAGHAV) were named as co-authors for another artwork. As reported , this notice was issued around November 2021.

Registration 124

Registration Art Copyright Artwork 124

IPilogue

MARCH 17, 2023

A report released in 2022 by the Productivity Commission on Aboriginal and Torres Strait Islander visual arts and crafts confirmed that fake indigenous art harms indigenous culture. This kind of uncertainty in the law has led to many indigenous artists asking for greater legal support for IP.

Government 105

Government IP Art Artwork 105

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JUNE 19, 2023

Licensing A more common approach for NFT creators and IP rights owners is to implement an NFT license agreement coded into a smart contract or specified in the online marketplace’s terms and conditions ( the middle-ground approach ).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

DECEMBER 31, 2023

The IPKat will continue to report on the progress of the case. Perceived implications of recent Court of Appeal of England and Wales’s ruling on originality Recently, Eleonora Rosati reported on a judgment of the Court of Appeal of England and Wales inter alia restating the UK standard of originality.

Intellectual Property 69

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 69

TorrentFreak

JULY 1, 2022

Eager to cash in on the non-fungible token (‘NFT’) boom, as widely reported in the media, Quentin Tarantino recently announced plans to auction off seven ‘exclusive scenes’ from the 1994 motion picture Pulp Fiction in the form of NFTs,” the complaint read. .”

Non-Fungible Tokens 94

Non-Fungible Tokens Copyright Artwork Copyright Infringement 94

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use.

Fair Use 91

Fair Use Licensing Copying Artwork 91

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

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. Leaving the law aside, generative AI triggered some backlash in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

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’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 122

Copyright Art Copyright Law Licensing 122

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

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

The court held that out of all the photographs appropriated by Prince, 25 of them fell into the exception of fair use under the copyright law as the artworks made by Prince had different expressions and meanings from the original photographs of Cairou and copyright protection is granted only to expressions of ideas and not to the ideas.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 95

Blogging Social Media Television Fair Use 95

Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. They must get copyright subscriptions for original photos, audio recordings, videos, artwork, and text. It currently accounts for about 15% of the entire revenue spent on global advertising.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intellectual Property Law Blog

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” [4] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

MAY 19, 2023

copyright law identifies certain types of uses — such as criticism, comment, news reporting, teaching, scholarship and research — that are particularly important to our society.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Plagiarism Today

SEPTEMBER 23, 2022

Yesterday, Getty Images and iStock have announced that they are following in the footsteps of other art sites , including NewGrounds and Inkblot, in banning artwork generated by artificial intelligence (AI) from their service. First off, they have editorial control over the images and then license those images to customers.

Artwork 319

Artwork Art Licensing Copyright Infringement 319

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. The plaintiff’s counsel filed an affidavit regarding costs and damages, claiming Rs.

Trademark 59

Trademark Registration Copyright Patent 59

Plagiarism Today

FEBRUARY 7, 2022

First off today, Ashley Cullins at The Hollywood Reporter Esquire reports that Instagram has secured the dismissal of a lawsuit filed against it by two photographers who claimed that the service’s embedding feature enabled copyright infringement. That artwork was used by Koons in his later work, prompting the lawsuit.

Copyright Infringement 196

Copyright Infringement Artwork Reporting Fair Use 196

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Copyright Lately

MAY 6, 2022

For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. You Should Probably Read The License. You can also tell your book club that you read it even though you really stopped at page 136. Want to Create New Derivative Works?

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Warhol took some liberties that went beyond the original license and created a set of sixteen Prince silkscreens.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . NFT License Agreement Template/Sample – [link]. Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

APRIL 8, 2024

Several possible causes of overfitting have been reported in the literature : high complexity of the AI model, leading it to mould too closely to the training data; limited training data; and too much noisy data, affecting the model’s ability to distinguish relevant information – a signal – from the irrelevant – a noise.

Fair Use 110

Fair Use Copyright Copying Technology 110

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? 5 and on the basis of the report calculated and imposed notional damages worth INR 10 Lakhs and imposed INR 1 Lakhs as costs. Delhi High Court restrains One8 Commune from playing PPL songs without license.

IP 59

IP Trademark Advertising Advertising 59

Kluwer Copyright Blog

MAY 9, 2023

Some of these input and output questions are already being litigated in the US and the UK, most notably in a class action litigation against providers of Stable Diffusion (see complaint and motion to dismiss ), as well as in lawsuits brought by Getty Images (reported here ; see also this early analysis by Guadamuz). [1]

Copyright 137

Copyright Fair Use Copyright Law Law 137