IPilogue

OCTOBER 26, 2022

The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee. The prevalent use of Uffizi’s artworks despite Italian law led to Uffizi using software to police whether artworks are used to sell products, especially on social media.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

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

IP and Legal Filings

NOVEMBER 8, 2021

Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. The total concept and feel test is also referred to as the ‘lay observers’ test.

Art 75

Art Artwork Television Copyright Infringement 75

Dear Rich IP Blog

JULY 27, 2023

Frida Kahlo age 12 (1919) Dear Rich: I'm filming a romantic comedy in San Miguel de Allende, Mexico, and refer to the artist Frida Kahlo in two scenes and show a photo of one of her paintings (self-portrait) hanging on the wall. You don't need permission to refer to Frida Kahlo in your film's dialogue.

Public Domain 52

Public Domain Artwork Privacy Copyright Law 52

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 144

Artistic Work Artwork Public Domain Intellectual Property 144

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98

Artwork Contracts Ownership IP 98

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

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 16] In my opinion, our law is not yet at a stage where we are equipped to provide such protection to AI generated artwork as, the element of human authorship is still a very important element of this law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. It also sells a similar type of product – various other items bearing DeYoung’s artwork and mark including beach towels, pillows, tapestries, puzzles, and pouches. Trademark Infringement. ” UGH.

Artwork 98

Artwork Trademark Publishing Marketing 98

The IP Law Blog

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. After the 2015 transaction between the team and the league closed, the team was sued by a third party who claimed that the Gull logo infringed his artwork entitled “San Diego Gulls”. What’s missing here? That will prove to be an issue for the team.

Social Media 98

Social Media IP Intellectual Property Artwork 98

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. The Creator’s Conundrum: Defining Authorship in the Age of AI The emergence of AI-generated art introduces a fascinating paradox, commonly referred to as “The Creator’s Conundrum.”

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

IPilogue

NOVEMBER 2, 2022

As its name suggests, AI-generated art refers to art generated with the help of artificial intelligence. Rutkowski is not alone – more artists are beginning to see their artworks gain popularity with similar models and have raised copyright concerns.

Art 106

Art Artwork Privacy Blogging 106

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. 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

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Further, the Copyright protects the following types of original artwork. In other words, it results from a person’s intellectual pursuits.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

MARCH 13, 2022

It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. There may be situations in which, indeed, a work needs to be reproduced in its entirety to establish the 'dialogue' referred to by the CJEU. A final appeal to the Italian Supreme Court followed.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth. The political party argued that their use of the logo was justified by due cause.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

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Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

IPilogue

MARCH 17, 2023

Aboriginal Elder Gawirrin Gumana (Yolngu) was quoted in 1996: “When that [white] man does that it is like cutting off our skin”, where “it” refers to the practice of selling fake indigenous art. However, this is not a newfound issue.

Government 105

Government IP Art Artwork 105

The IPKat

APRIL 19, 2023

The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. and the best-known quantum (mechanics) Kat - Schrödinger's Kat Second, as this case clarifies, an NFT is born with the digital artwork.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

JUNE 27, 2021

With regard to the second part of the reference, the CJEU answered that also those persons, who are holding certain IP rights, but are not themselves using those rights, may, in principle, benefit from the measures, procedures and remedies, provided under the Enforcement Directive.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Copyright Law Intellectual Property 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. The 2015 assignment agreement only referenced trademarks and various social media accounts owned by the league; it did not reference any copyrights. That will prove to be an issue for the team.

Social Media 52

Social Media IP Intellectual Property Artwork 52

LexBlog IP

MARCH 15, 2022

On February 14, 2022, the Review Board of the United States Copyright Office (the “Board”) refused copyright registration (for the second time) of a two-dimensional artwork entitled “A Recent Entrance to Paradise.” 53, 56 (1884). At 57-59, 60-61.

Copyright 52

Copyright Artwork Registration Law 52

Patent Trademark Blog

JANUARY 18, 2023

Subject matter eligibility refers to whether an invention is qualified for patent protection. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. What makes an invention eligible for patent protection? Not every new thing is patentable.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

TorrentFreak

FEBRUARY 10, 2023

Each of those tweets contains one piece of original content for reference. For example, the article published here reproduces both pieces of artwork in full but isn’t targeted in a subpoena. .” As proof of infringement, Cognosphere provides links to two tweets published by its official Genshin Impact Twitter account.

Copying 81

Copying Artwork Publishing Copyright Infringement 81

The IPKat

JULY 14, 2022

In all these instances, what has been considered as “legal property” is the token generated through the smart contract and not the digital file linked (or “authenticated”, to refer to the EUIPO’s own wording) to it.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

Kluwer Copyright Blog

APRIL 8, 2024

This has been commonly referred to as TDM or “ text and data mining ”, one of the building blocks of machine learning and internet search technology. By April last year, over one billion pieces of artwork had been removed from the Stable Diffusion training set.

Fair Use 111

Fair Use Copyright Copying Technology 111

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. 09, 2022) [link] Jeremy S. 23, 2022) [link] Moish E.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. The cat painting itself does not usually immutably exist on the blockchain. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The IPKat

FEBRUARY 17, 2022

As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human. In any case, the Term Directive refers the calculation of the term of protection of copyright to the life of authors as ‘physical persons’.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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 52

IP Non-Fungible Tokens Ownership Artwork 52

LexBlog IP

AUGUST 10, 2022

The Court noted that “rise” may also refer to energy itself and people may expect their energy to “rise” after drinking caffeinated beverages. The cans for both products also differ in size, proportion, style, color, and artwork, making the overall appearance of the cans very dissimilar, according to the Court.

Trademark 52

Trademark Artwork Intellectual Property 52

Patently-O

APRIL 18, 2024

Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” The statute refers only to “original works of authorship,” 17 U.S.C. § The parties have now filed their briefs, along with one law professor amicus brief in support of Thaler.

Copyright Law 63

Copyright Law Copyright Registration Inventor 63

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. What was sold are “NFTiffs,” which are digital passes that NFT holders can redeem for digital artwork based on CryptoPunks.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. The same holds true for parody and caricature.

Copyright Law 86

Copyright Law Art Copyright Law 86

Corsearch

AUGUST 24, 2023

Brand abuse Brand abuse refers to other types of trademark infringement, such as impersonation profiles, false association on a business page, and unauthorized use of trademarks within adverts. Copyright infringement refers to the unauthorized use of protected works.

Branding 52

Branding Brands Branding Copyright Infringement 52