Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog. ” UGH.

Artwork 96

Artwork Trademark Publishing Marketing 96

IP Law 360

JANUARY 5, 2023

As the non-fungible token market evolves rapidly, attorneys should be familiar with three types of legal instruments used to convey rights in NFT transactions, including agreements between the artist of the underlying artwork and the NFT creator, says Hannah Ji-Otto at Baker Donelson.

Non-Fungible Tokens 74

Non-Fungible Tokens Artwork Art Marketing 74

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

Plagiarism Today

JANUARY 10, 2024

Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.

Art 252

Art Plagiarism Marketing Marketing 252

JD Supra Law

MAY 27, 2022

In November 2021, Christie’s auction house sold the first-ever NFT artwork by digital artist Beeple for an astounding $69.3 NFTs have also popped in the real estate market, with a Florida home recently auctioned off as a NFT for $653,000. million, and has opened its own NFT marketplace.

Artwork 97

Artwork Marketing Marketing 97

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Cattelan appeared first on Technology & Marketing Law Blog. VINDICATED!!!

Copyright 90

Copyright Artwork Copying Social Media 90

IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

Art 76

Art Artwork Television Copyright Infringement 76

Dear Rich IP Blog

APRIL 9, 2024

In making a fair use decision, judges analyze four factors , of which the two most important are (1) the purpose and character of use and (4) the effect of the use upon the potential market. 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

Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. The post A First Look at Copyright Claims Board (CCB) Filings appeared first on Technology & Marketing Law Blog. Literary: 4.

Copyright 128

Copyright Artwork Music Blogging 128

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 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.

Artwork 52

Artwork Copyright Editing Ownership 52

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

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. Nicole Martinez.

Artwork 52

Artwork Marketing Marketing Art Law 52

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Artwork based on such a notion presents challenges when attempting to establish ownership. And that’s the rub; this is the crux of the problem.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.

Artwork 52

Artwork Journalism Art Marketing 52

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Nearly all the marketing focuses on using the new service rather than what it means for existing artists. However, this is a time DeviantArt created their own mess.

Artwork 216

Artwork Art Plagiarism Reporting 216

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

Art 134

Art Artwork Copying Moral Rights 134

The TTABlog

JUNE 8, 2023

[Section 2(e)(1) mere descriptiveness refusal of SKIPOSTERS.COM , in slightly stylized form, for "On-line retail store services featuring photographs and artwork" and "Printing; Printing services."] In re Radical Marketing LLC , Serial No. 90381196 (June 6, 2023) [not precedential] (Opinion by Thomas W. Wellington).

Artwork 52

Artwork Designs Design Marketing 52

TorrentFreak

APRIL 14, 2022

In April 2020, Disney filed a copyright complaint with Google, stating that Club Penguin Rewritten’s domain (cprewritten.net) not only infringed its rights in artwork but also its trademarks. The next steps and their timing are difficult to predict.

Copyright Infringement 117

Copyright Infringement Copyright Artwork Intellectual Property 117

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Art Law Journal

FEBRUARY 16, 2021

Want to sell your artwork on your own? These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal.

Art 87

Art Business Artwork Journalism 87

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] .” [2]. ” [10]. ” [10]. ” [10].

Artwork 52

Artwork Art Reporting Ownership 52

IPilogue

JULY 6, 2022

On the other hand, Hermès argues that Rogers does not apply because Rothschild’s actions of setting up an online store and the marketing materials support a goal of selling a digital good. To this, Tushnet responds that artists are protected in marketing their work to make a profit.

Art 109

Art Trademark Artwork Marketing 109

Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. As a result, marketing has been done but on a limited budget.

Blogging 40

Blogging IP Artwork Intellectual Property 40

The IPKat

JULY 14, 2022

Thirdly, NFTs include digital items such as art image, collectibles or music files but can also incorporate the right to receive some utilities (in many cases, NFTs include a combination of artworks or collectibles and utilities).

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

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. Easing the Marketing Process: Developing brand awareness for your company requires the use of the intellectual property. This means protecting significant rights to their original works. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

TorrentFreak

JANUARY 5, 2023

The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. At the time of writing, the campaign has raised $203,300, enough to retain a lobbyist for a whole year. million.

Government 127

Government Reporting Intellectual Property Copyright 127

43(B)log

MAY 2, 2023

The kit consisted of pictures of six pieces of Plaintiff’s art, biographical slides, and materials such as paint, paint brushes, and collage-style puzzle pieces “so that the students would have the necessary materials to create their own masterpieces in the form of mosaics and/or completely new artworks.” This didn't show market harm.

Art 59

Art Fair Use Marketing Marketing 59

TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. Both were directly involved in the development, marketing, sale, and distribution of cheats, the gaming companies claim.

Settlement 110

Settlement Cease and Desist Confidentiality Social Media 110

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. Conclusion. NFTs are viewed as the future of ownership by enthusiasts.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) Come with this Kat for a stroll around this week’s posts from IP blogs. moral rights.

Blogging 113

Blogging IP Moral Rights Artwork 113