Artwork and Public Domain - Intellectual Property Pulse

Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

SEPTEMBER 4, 2020

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. for 95 years from publication. But in the U.S., follows a different course.

Public Domain

Public Domain Artistic Work Artwork Publishing

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

Artwork

Artwork Blogging Art Copyright

How Can Museums Copyright the Works of Old Masters?

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman.

Public Domain

Public Domain Copyright Artwork Intellectual Property

Jean Paul Gaultier, Birth Your Own Venus

IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

Social Media

Social Media Cease and Desist Public Domain Artwork

Creative Commons and NFTs – is CC licensing compatible with the new technologies?

Kluwer Copyright Blog

OCTOBER 5, 2022

With the exception of CC0, CC licences allow authors to keep their copyright whilst at the same time communicate which rights they reserve and which rights they waive for public benefit. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork.

Licensing

Licensing Technology Public Domain Non-Fungible Tokens

[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

Artistic Work

Artistic Work Artwork Public Domain Intellectual Property

How Can Museums Copyright the Works of Old Masters?

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? The post How Can Museums Copyright the Works of Old Masters? appeared first on Art Business Journal.

Public Domain

Public Domain Copyright Artwork Journalism

Use Frida's Paintings? (Yes!) Use Frida's Name? (Maybe)

Dear Rich IP Blog

JULY 27, 2023

Mexican copyright law placed Kahlo's works in the public domain 25 years after her death, so you don't need authorization to include a photo of her painting in your film. More importantly, deceased figures cannot be defamed or have their privacy invaded (the two common basis for lawsuits involving the use of real people in fiction).

Public Domain

Public Domain Artwork Privacy Copyright Law

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

The IPKat

OCTOBER 11, 2022

Secondly, because Article 14 of the DSM Directive / Article 32-quarter of the Italian Copyright Act is about the protectability of the reproduction of a public domain artwork, not a situation like that one at issue here, that is the actionability of the unauthorized reproduction of a public domain artwork.

Artwork

Artwork Public Domain Moral Rights Art

Registering a trade mark even if you think that copyright is for losers? Not bad faith, says (finally) EUIPO BoA

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

Artwork Copyright Registration Public Domain

IPKat event announcement: (Re-)discovering the copyright basics – Originality after THJ v Sheridan

The IPKat

FEBRUARY 8, 2024

An editorial published on The Art Newspaper , for example, has questioned the possibility for UK cultural heritage institutions to claim that simple reproductions of public domain artworks warrant their own copyright protection.

Copyright

Copyright Art Intellectual Property Law Public Domain

AI images shouldn’t be protected

Olartemoure Blog

MARCH 3, 2023

The decision marks an important direction for the creation of new artworks, since artists will not be able to use any artificial intelligence tool that does not constitute a significant human contribution and where the barriers of respect to third party copyrights are not clearly delimited.

Public Domain

Public Domain Artwork Intellectual Property Copyright

The US and Italy set precedents in copyright and art

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

Art

Art Copyright Public Domain Copyright Law

Who Owns the Copyright in AI-Generated Art?

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. Mario Klingemann’s AI Artworks : Mario Klingemann, a well-known AI artist, has produced various AI-generated artworks.

Art

Art Copyright Ownership Non-Fungible Tokens

Sunday Surprises

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.

Intellectual Property

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

When issuing a CC0 NFT, the artist declares the entirety of a project’s content to be in the public domain, allowing the public at large to use, modify or recreate the NFT artwork in compliance with the CC0 license for commercial purposes, without attributing it to the original artist.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Kluwer Copyright Blog

APRIL 5, 2023

1] The artwork is held by the Italian state museum Gallerie dell’Accademia of Venice, which, along with the Italian Ministry of Culture, initiated the precautionary proceeding against the German company Ravensburger and its Italian subsidiary for producing and selling the puzzle and reproducing the work’s image. 633/1941, l.

Public Domain

Public Domain Copyright Law Artwork

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. It was created by Seven Bucks Productions and The Nacelle Company. And this one.

Plagiarism

Plagiarism Graphic Design Copying Artwork

Can AI-generated works be protected by copyright? No, according to US Copyright Office.

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

Copyright

Copyright Artwork Public Domain Art

Is it possible to protect AI-generated works with copyright? According to the US Copyright Office, no.

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

Copyright

Copyright Artwork Public Domain Copyright Law

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4.

Database Right

Database Right Licensing Public Domain Artwork

What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

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. Material that is in the public domain. Previously registered material.

Derivative Work

Derivative Work Registration Copyright Public Domain

Dastar prevents misrepresentation of source of IP from being material

43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

False Advertising

False Advertising Artwork IP Advertising

Brands to the Metaverse and Beyond! Part 1…

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 ). Pictures in the lower middle are in the public domain.

Non-Fungible Tokens

Non-Fungible Tokens Branding Brands Branding

WIPIP Session 8 (copyright)

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Q: Why are photos rejected less than artwork? A: because logos fall w/in the category artwork and are more often rejected—photos are generally considered protectable b/c of their characteristics.

Copyright

Copyright Moral Rights Artwork Art

Unrequited love at the times of French maisons: the Museum vs Le Musée

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.

Artwork

Artwork Public Domain Art Copyright

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

The general objective of copyright is to encourage creativity, freedom of expression and technological process by assuring designers, artists, composers, authors, and other creative people, who take risk of their capital in presenting their works before the public domain. Patent Protection and Enforcement.

Intellectual Property

Intellectual Property Technology Intellectual Property Law Public Domain

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

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

Copyright Art Copyright Law Licensing

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Perform sound recordings publicly through digital audio transmission. © Steve Schlackman (1975).

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. Tales from the Public Domain , “documentaries are records of our culture.

Fair Use

Fair Use Copyright Law Copyright Law

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Perform sound recordings publicly through digital audio transmission. © Steve Schlackman (1975).

Intellectual Property

Intellectual Property IP Invention Designs

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

MAY 19, 2023

It’s also generally understood that artists should acknowledge their sources of inspiration, especially when these are not part of the public domain. This can involve things like adaptations (such as a film script based on a novel), translations, or artwork based on another piece of art.

Fair Use

Fair Use Art Licensing Derivative Work

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

IP and Legal Filings

JANUARY 23, 2023

As a result, the Indian Copyright Act, 1957 grants the owner of the artwork or the licensee sole rights to discharge copyrights that have already accrued under the statute. When someone mints an NFT on a public domain, they could falsely claim to be the owner of the original artwork’s copyrights.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Intellectual Property Ownership

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

IP

IP Intellectual Property Social Media Cease and Desist

2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

IP

IP Intellectual Property Social Media Cease and Desist

NFTs and its Relationship with IP Rights

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.

IP

IP Non-Fungible Tokens Ownership Artwork

Analysing the Intersection of Blockchain, Cryptocurrencies and Intellectual Property Rights

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Several individuals have been held for falsifying copyright ownership over a work that exists in the public domain. The sole technology behind cryptocurrencies is called blockchain technology. However, this can be prevented with stringent IP laws in place.

Intellectual Property

Intellectual Property Non-Fungible Tokens Copyfraud Contracts

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

JUNE 24, 2022

artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning.

Trademark Law

Trademark Law Law Trademark Registration

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages. The problem with Elster’s argument, however, is that Section 2(c) does not prohibit any expression.

Registration

Registration Trademark Blogging Law

Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Trending Sources

How Can Museums Copyright the Works of Old Masters?

Jean Paul Gaultier, Birth Your Own Venus

Creative Commons and NFTs – is CC licensing compatible with the new technologies?

[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

How Can Museums Copyright the Works of Old Masters?

Use Frida's Paintings? (Yes!) Use Frida's Name? (Maybe)

Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

Registering a trade mark even if you think that copyright is for losers? Not bad faith, says (finally) EUIPO BoA

IPKat event announcement: (Re-)discovering the copyright basics – Originality after THJ v Sheridan

AI images shouldn’t be protected

The US and Italy set precedents in copyright and art

Who Owns the Copyright in AI-Generated Art?

Sunday Surprises

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Can AI-generated works be protected by copyright? No, according to US Copyright Office.

Is it possible to protect AI-generated works with copyright? According to the US Copyright Office, no.

Digital collections from GLAM institutions: Policy Paper

What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

Dastar prevents misrepresentation of source of IP from being material

Brands to the Metaverse and Beyond! Part 1…

WIPIP Session 8 (copyright)

Unrequited love at the times of French maisons: the Museum vs Le Musée

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Which Type of Intellectual Property Protection Do I Need?

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

A Brief Thematic Review of Non-Fungible Tokens and their Copyright

2023 IP Resolutions Start with a Review of IP Assets

2023 IP Resolutions Start with a Review of IP Assets

NFTs and its Relationship with IP Rights

Analysing the Intersection of Blockchain, Cryptocurrencies and Intellectual Property Rights

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

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