Tag:Entertainment & Arts

1
The UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI
2
The Battle of the Bulls: NBA Fail to Invalidate Pizza Texas Bulls Trade Mark Similar to the Chicago Bulls Logo in the United Kingdom
3
Batman Won Another (Trade Mark) Battle
4
U.S. Supreme Court Rules Against Andy Warhol Foundation in Copyright Fair Use Dispute Over Prince Portrait
5
The One That Got Away: Popstar Katy Perry Outperformed by Australian Dark Horse in Longstanding David and Goliath Trade Mark Dispute in Australia
6
False Advertising – Large Jury Verdicts in 2022 and the Likely Uptick in False Advertising Suits in 2023 – Part 1
7
Public Consultation Underway for Australian Copyright Enforcement Regime
8
Australian Government Commits to Protecting First Nations Visual Art
9
Lovely Jubbly? Fictional characters are capable of copyright protection in the UK
10
The NFT Collection: NFT Basics and Opportunities (Part 1)

The UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI

An initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models. The announcement is a disappointment to many including the creative industry, who were awaiting clarification on their position in protecting their works and retrieving compensation, and technology industry who were seeking clarity how future technologies can be developed.

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The Battle of the Bulls: NBA Fail to Invalidate Pizza Texas Bulls Trade Mark Similar to the Chicago Bulls Logo in the United Kingdom

The National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.

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Batman Won Another (Trade Mark) Battle

Batman may be a superhero but it is the General Court who has come to the rescue following an invalidation action bought against DC Comics, a Warner Bros subsidiary, by Commerciale Italiana Srl, a wholesale retailer of costumes. In 2019, the Italian company applied for the invalidation of the well-known Batman logo (EUTM 000038158) for some of the goods in classes 25 and 28 (including clothing, footwear, and costumes), based on lack of distinctive character.

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U.S. Supreme Court Rules Against Andy Warhol Foundation in Copyright Fair Use Dispute Over Prince Portrait

In a decision closely watched by the visual arts community and content creators alike, the U.S. Supreme Court held on May 19, 2023, that pop artist Andy Warhol’s orange silkscreen portrait of the musician Prince (“Orange Prince”), adapted from photographer Lynn Goldsmith’s original photograph of Prince, was not “fair use” under copyright law. Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. _ (2023).

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The One That Got Away: Popstar Katy Perry Outperformed by Australian Dark Horse in Longstanding David and Goliath Trade Mark Dispute in Australia

In the recent Australian Federal Court decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364, Justice Markovic aptly explained “a tale of two women, two teenage dreams and one name” and held that international popstar Katy Perry infringed Australian clothing designer Katie Taylor’s registered trade mark for KATIE PERRY by selling clothing merchandise in Australia branded with her Katy Perry stage name.

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False Advertising – Large Jury Verdicts in 2022 and the Likely Uptick in False Advertising Suits in 2023 – Part 1

Some of the largest false advertising jury verdicts were recorded in 2022. This, coupled with increased inflationary pressures will likely lead to an uptick in false advertising suits given that such pressures will impact consumer spending habits, leading to increased scrutiny of competitor advertising practices—particularly in the social media space.

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Public Consultation Underway for Australian Copyright Enforcement Regime

On 24 November 2022, the Australian Attorney-General the Hon Mark Dreyfus KC MP announced the Attorney-General’s Department intention to release an issues paper for public consultation, as the first stage of a review into Australia’s current copyright enforcement regime. The broad aim of the review is to understand:

  • Current and emerging copyright enforcement priorities and challenges;
  • Whether Australia’s copyright enforcement regime remains relevant, effective and proportionate; and
  • Whether existing enforcement mechanisms need to be strengthened, and if so, how this could be done without imposing unreasonable administrative or economic burdens.
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Australian Government Commits to Protecting First Nations Visual Art

“80% of the souvenirs sold in Australia purporting to represent First Nations cultures are in fact imitation products. These inauthentic items have no connection to First Nations peoples and are often cheaply made imports.”

This extraordinary statistic was presented by Ann Sudmalis MP, Chair of the Standing Committee on Indigenous Affairs which tabled the 2018 Report on the impact of inauthentic art and craft in the style of First Nations peoples (Report).

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Lovely Jubbly? Fictional characters are capable of copyright protection in the UK

Considering the UK’s rich history of literature, it may be somewhat surprising to know that there was very little case law discussing whether copyright might subsist in a fictional character. However, on 8 June 2022, the UK courts finally tackled whether a fictional character can be protected under copyright law in Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors [2022] EWHC 1379 (IPEC).

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The NFT Collection: NFT Basics and Opportunities (Part 1)

NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.

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