Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 96

Artwork Trademark Publishing Marketing 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. This copyright office granted registration in this case.

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Registration Art Copyright Artwork 124

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets. 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

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

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here. More information and application details can be found here.

Intellectual Property 70

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. Emphasis added.)

Copyright 62

Copyright Technology Artwork Blogging 62

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. ” (Emphasis added.)

Copyright 52

Copyright Technology Artwork Fair Use 52

TorrentFreak

JULY 1, 2022

‘History Rewritten’ Tarantino is “shockingly” trying to mischaracterize the license agreements by leaving out critical parts, Miramax informs the court. Aside from the screenplay rights disagreement, the NFT sale also used other images and artwork that were directly related to Pulp Fiction.

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Non-Fungible Tokens Copyright Artwork Copyright Infringement 93

IPilogue

APRIL 11, 2022

He began with a general overview of NFT and blockchain technology and proceeded to discuss many interesting NFT trade examples from the past two years. He explained that an NFT typically includes only information about the artwork’s location. Dr. Andres Guadamuz. She discussed three types of NFT intermediaries: open marketplaces (e.g.,

Non-Fungible Tokens 106

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

Kluwer Copyright Blog

JULY 14, 2023

National policymakers should ensure that such L&Es are given a mandatory character, in the sense that technological protection measures (“TPMs”) or unilateral contractual clauses (e.g. Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Proposal 3.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IP and Legal Filings

OCTOBER 28, 2022

The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. The current rules and regulations acknowledge the use of blockchain technology. The approach now used for cryptocurrency and blockchain in general shows this.

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

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.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Traverse Legal Blog

AUGUST 15, 2022

The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece. NFT Technology. NFT License Agreement Template/Sample – [link]. Buying NFTs. Like us on Facebook- [link].

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Non-Fungible Tokens Ownership Intellectual Property Artwork 52

LexBlog IP

JULY 13, 2021

Over the last several months, there have been dozens of news stories about cryptocurrencies, Blockchain, and the related technologies they have created. Blockchain is a technology that has emerged as an innovative, record-keeping technology that authenticates transactions. It all starts with Blockchain.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. More recent patents are granted on technologies in the virtual reality area with regard to its functions in the metaverse. The saga of Amazon’s one-click feature.

Patent 52

Patent Invention Artwork Confidentiality 52

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

NOVEMBER 9, 2023

According to Plaintiffs, Stable Diffusion scraped the internet to copy and store billions of copyrighted images without consent or licenses to train the programs. As we previously wrote , the Andersen case relates to “Stable Diffusion,” an AI platform that generates images in response to user prompts.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Copying 52

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 124

Copyright Art Copyright Law Licensing 124

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? ” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

TorrentFreak

JULY 28, 2021

Since the cheating software developed and distributed by Ring-1 is primarily designed for the purpose of circumventing technological measures that control access to their games, the plaintiffs state that the defendants are trafficking in circumvention devices in violation of the DMCA (17 U.S.C. 1201(a)(2)).

Copyright Infringement 138

Copyright Infringement Copyright Derivative Work Social Media 138

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

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Traverse Legal Blog

AUGUST 15, 2022

The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece. NFT Technology. Non-fungible tokens are still a relatively new technology especially in the gaming industry.

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Non-Fungible Tokens Ownership Artwork Technology 40

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 92

Copyright IP Social Media Copyright Infringement 92

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. As increasingly relevant blockchain-supported technology, NFTs reside in a wild unregulated legal environment.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. The adoption and use of blockchain technology is spreading rapidly across various industries and the sports industry is no exception. However, the underlying digital artwork itself is not the NFT.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

IP Tech Blog

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression. The post No First Amendment Right to Confuse Consumers, High Court Holds appeared first on Global IP & Technology Law Blog.

Branding 57

Branding Brands Branding Trademark 57

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 90

Blogging Social Media Television Fair Use 90

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. (If of America v. Universal City Studios , the U.S.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. They must not be used by anyone other than the artist himself.

Designs 92

Designs Design Copyright Copyright Infringement 92

IIPRD

MAY 20, 2020

These rights are applied in various ways and cover a lot of fundamental aspect of the game starting from soundtrack, to characters to the artwork in the gaming codes and many more. Apart from the IP infringement, there would also be a potential End-user license violation of such unauthorized use of the games.

IP 40

IP Intellectual Property Licensing Artwork 40

LexBlog IP

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression.

Branding 52

Branding Brands Branding Trademark 52

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. ” If the Copyright Office has more specific questions, they’ll ask.

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Derivative Work Registration Copyright Public Domain 80

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

However, nowadays due to the advancement of technology photographs by different photographers are made available to a worldwide audience through the internet. This time, in 2013, the judgement in favour of Cairou was overturned. Fair dealings also bring artistic works like photographs into its purview.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. As increasingly relevant blockchain-supported technology, NFTs reside in a wild unregulated legal environment.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52