Street Art Law and Moral Rights Quiz
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Questions and Answers

In the United States, street art must be fixed in a tangible medium for copyright protection, even though its ephemeral nature makes this challenging.

True (A)

Which of the following is NOT an example of a moral right related to street art?

  • The right to prevent unauthorized reproduction or distribution of a work.
  • The right to prevent alterations that could harm the artist's reputation.
  • The right to control the commercial use of a work. (correct)
  • The right to have one's name associated with a created work.

In some countries, the principle of ______ may allow individuals to reproduce public art for non-commercial purposes.

Freedom of Panorama

Match the following legal cases with their relevant issues related to street art.

<p>Jade Berreau v. McDonald's = Use of graffiti-inspired imagery without consent. Reece v. Mark Ecko Unlimited = Copyright protection of stylized graffiti tags. Banksy-Pest Control v. 24 Ore Cultura = Trademark infringement and unauthorized merchandising. 5Pointz Case = Protection of moral rights and the cultural significance of outdoor graffiti.</p> Signup and view all the answers

What is the legal principle that allows artists to object to changes to their artworks that could harm their reputation?

<p>Moral Rights</p> Signup and view all the answers

Which of the following is a possible legal challenge to the use of street art in advertising?

<p>All of the above. (D)</p> Signup and view all the answers

The Spanish Supreme Court has ruled that removing a sculpture from its original location, even if it alters its intended meaning, is a breach of the artist's moral rights.

<p>True (A)</p> Signup and view all the answers

In the case of Banksy-Pest Control v. 24 Ore Cultura, what specific use of Banksy's trademarks was deemed lawful?

<p>Descriptive use, such as posters and tickets.</p> Signup and view all the answers

What are the two essential elements of design rights?

<p>Novelty and individual character (B)</p> Signup and view all the answers

EU registered design rights last for a maximum of 25 years.

<p>True (A)</p> Signup and view all the answers

Who is the informed user in design analysis?

<p>A knowledgeable person who is familiar with the relevant design field.</p> Signup and view all the answers

Copyright law protects the author's rights to their __________ work.

<p>original</p> Signup and view all the answers

What does the right of publicity protect?

<p>A person's name and likeness from unauthorized commercial use (B)</p> Signup and view all the answers

Cristiano Flonaldo has registered the trademark 'Cristiano Fonaldo'.

<p>False (B)</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Right of Publicity = Protection against unauthorized commercial use of one's identity Copyright = Bundle of rights granted to the author of original work Trademark = Sign or symbol that differentiates goods or services Design Rights = Protection of the appearance of a product</p> Signup and view all the answers

What is the duration of unregistered EU design rights?

<p>3 years from disclosure</p> Signup and view all the answers

Which international agreements provide protection for well-known marks even if not registered?

<p>Both A and B (C)</p> Signup and view all the answers

Cristiano Flonaldo has registered his name as a trademark.

<p>False (B)</p> Signup and view all the answers

What must Cristiano demonstrate to claim unregistered trademark rights?

<p>Sufficient goodwill and recognition associated with his name.</p> Signup and view all the answers

Cristiano Flonaldo's fame made his name likely qualify as a well-known mark under the ___________ Convention.

<p>Paris</p> Signup and view all the answers

Match the elements of Passing Off with their descriptions:

<p>Goodwill = Substantial reputation attached to a name or persona Misrepresentation = Implying false endorsement or association Damage = Harm to reputation or endorsement opportunities</p> Signup and view all the answers

What is one possible remedy Cristiano could seek against unauthorized commercial use of his persona?

<p>Injunction (C)</p> Signup and view all the answers

Only registered trademarks are protected from unauthorized use in markets.

<p>False (B)</p> Signup and view all the answers

The use of Cristiano's name in advertising without permission could lead to a claim of ___________.

<p>passing off</p> Signup and view all the answers

What legal case rejected props as sculptures?

<p>Lucasfilm Ltd v.Ainsworth (B)</p> Signup and view all the answers

The right to integrity for curators protects them against derogatory modifications.

<p>True (A)</p> Signup and view all the answers

What is required for a curated collection to qualify for copyright protection?

<p>originality and arrangement criteria</p> Signup and view all the answers

Public architectural art combines aesthetic and ______ elements.

<p>functional</p> Signup and view all the answers

Match the following legal cases with their outcomes:

<p>Henri Langlois v.The State = Claimed moral rights over an exhibition Peggy Guggenheim Cases = Argued curated collection was intellectual work RTI v.Ruvido Produzioni Srl = Recognized TV show formats as protectable under copyright Lucasfilm Ltd v.Ainsworth = Rejected props as sculptures</p> Signup and view all the answers

In the context of curatorship, which right ensures recognition as the author?

<p>Right to attribution (B)</p> Signup and view all the answers

Countries with open copyright lists generally include non-conventional works for classification.

<p>False (B)</p> Signup and view all the answers

What is an example of a historical exhibition that raised questions about curators' intellectual property?

<p>When Attitudes Become Form</p> Signup and view all the answers

What is typically included in the responsibilities of production companies?

<p>Licensing and exploitation during distribution (C)</p> Signup and view all the answers

Producers usually aim to give away all minor rights to distributors for better profit.

<p>False (B)</p> Signup and view all the answers

What issue arises regarding the authorship of AI-generated works?

<p>Who is the author of AI-generated works?</p> Signup and view all the answers

The term used to define original works as 'the author's own intellectual ________' is a key point in authorship challenges.

<p>creation</p> Signup and view all the answers

Which of the following is considered a secondary or ancillary right in film distribution?

<p>Streaming rights (D)</p> Signup and view all the answers

Copyright law recognizes non-human authorship for creative works.

<p>False (B)</p> Signup and view all the answers

In the case study of Naruto v. Slater, what was the ruling regarding the monkey's selfie?

<p>The monkey's selfie could not be copyrighted due to the requirement of human authorship.</p> Signup and view all the answers

What can impact the distinctive character of single-letter trademarks?

<p>Their uniqueness in presentation is crucial. (A)</p> Signup and view all the answers

Designers can freely use their names as trademarks without any restrictions after leaving their brand.

<p>False (B)</p> Signup and view all the answers

What should designers do to retain control over their names when using them as trademarks?

<p>Register trademarks personally and license them to companies.</p> Signup and view all the answers

According to the originality standard, a work must involve ______ and creative choices.

<p>free</p> Signup and view all the answers

What does the case Cofemel v. G-Star Raw primarily address?

<p>The requirements for copyright protection in fashion. (B)</p> Signup and view all the answers

Match the elements to their respective definitions in trademark law.

<p>Positional Trademarks = Related to the application of figurative or three-dimensional elements to a product's surface Article 14(1) = Prevents trademark proprietors from prohibiting the use of natural person names in trade Articles 60(2) and 60(3) = Allow invalidation of a trademark that infringes prior rights Originality = The author's own intellectual creation</p> Signup and view all the answers

Copyright protects the underlying idea behind a design, not the expression of that idea.

<p>False (B)</p> Signup and view all the answers

What is necessary for copyright protection according to the CJEU ruling in Cofemel v. G-Star Raw?

<p>Originality and precise objective form.</p> Signup and view all the answers

Flashcards

Design

The way a product looks, including its lines, shapes, colors, textures, and materials.

Novelty in Design

A design is novel if it is new and original, not based on existing designs.

Individual Character in Design

A design has individual character if it is distinct and easily distinguishable from other existing designs.

Copyright

The legal right granted to the creator of an original work, allowing them to control its use and reproduction.

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Right of Publicity

Using someone's name, image, or persona for commercial purposes without their consent.

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Personality Rights

The legal right of a person to control the use of their name, image, and persona, preventing unauthorized commercial exploitation.

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Trademark

The exclusive right to use a specific brand name, logo, or symbol associated with a product or service.

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Trademark Infringement

A situation where a person or company uses someone else's trademark without authorization.

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Bad Faith Trademark Registration

A trademark registration may be invalid if obtained in bad faith, such as exploiting someone's fame without permission.

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Unregistered Trademark Rights

Even without official registration, someone can have trademark rights if they show enough public recognition of their name or brand. This is often called "common law" trademark.

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Well-Known Mark

A mark recognized globally for its distinctiveness and association with a particular person or brand, such as "Cristiano Ronaldo", is considered a well-known mark, even if not officially registered.

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Passing Off

A legal claim that someone is using another's name or likeness to imply a connection or endorsement that doesn't exist, potentially harming the original person's reputation or business.

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Goodwill

The value or reputation associated with someone's name, brand, or product, which can be harmed by unauthorized use. Cristiano Ronaldo has a lot of goodwill due to his fame.

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Injunction

A legal remedy that stops an action, like an advertisement using someone's name without permission.

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Damages

Financial compensation awarded for unauthorized use of someone's likeness or name, intended to cover damages.

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Invalidation of Trademark

When a trademark registration is deemed invalid, typically due to issues like bad faith or violation of personality rights.

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IP Clearance

The process of obtaining permission to use intellectual property (IP) like screenplays, trademarks, music, and artwork for a film.

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Distribution Agreements

Agreements between producers and distributors outlining how a film will be commercially released and exploited, including cinema release, video/DVD, TV, and other platforms.

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Primary and Secondary Rights

Rights that include cinema release, video/DVD, pay-TV, and free TV broadcasting.

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Minor Rights

Rights held by producers that distributors might not have expertise in, like merchandising or streaming

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Merchandising

The practice of generating revenue by selling products related to a film, like toys, clothing, or home goods.

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Product Placement

The act of placing products or brands within a film for promotional purposes.

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Originality Issue

The question of whether AI-generated works can be considered original under copyright law.

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Human Authorship

The legal concept of authorship that requires human involvement in the creative process.

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Public Architectural Art

Works situated in public spaces, like buildings, sculptures, and installations, blending aesthetic and functional aspects.

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Right to Attribution

The right of an artist to be recognized as the creator of their work.

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Right to Integrity

The right of an artist to prevent changes to their work that might damage its reputation.

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Exhibition

A curated collection of objects or artworks, often with a specific theme or concept.

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Originality and Arrangement

The combination of original work, organization, and arrangement that gives a curated exhibition its unique character.

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Public Architectural Art

A work that embodies both aesthetic and functional aspects, making it unique from purely artistic works.

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Case Law

Legal cases that establish precedents for similar situations.

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Fixation of Street Art

The legal requirement for a work to be fixed in a tangible medium, like a canvas or photograph, to be eligible for copyright protection. Street art often lacks this due to its temporary nature, but may be protected by photographic documentation.

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Economic Rights of Street Art

The right of an artist to control the reproduction, distribution, and public display of their work. This can be violated when street art is used without permission for commercial purposes, as in advertising.

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Freedom of Panorama

The legal theory permitting the reproduction of public art for non-commercial purposes. This is a controversial area involving balancing artists' rights with public access to art.

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Moral Rights of Street Art

Artists' rights to be acknowledged as creators and to prevent harmful alterations of their work. This can be applied to street art when it is removed or modified without consent.

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Jade Berreau v. McDonald's

A legal dispute where a street artist claimed copyright infringement after McDonald's used graffiti-inspired imagery in their advertising. The case highlights the tension between copyright and commercial use of artistic styles.

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Reece v. Mark Ecko Unlimited

A legal case where a street artist successfully claimed copyright protection for a stylized version of their graffiti tag, highlighting the court's recognition of artistic value in graffiti.

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5Pointz Case

A landmark case concerning the destruction of a legal outdoor graffiti space, resulting in a substantial award to artists. The case highlighted the importance of moral rights and the cultural value of outdoor graffiti.

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Single-Letter Trademarks

Single letters or numbers can be trademarks, but they often lack strong distinctiveness unless they have a unique presentation. For example, the court case "R vs. R" involved a specific type of R that qualified as a trademark.

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Influencers and Trademarks

Influencers play a significant role in marketing campaigns, and their involvement can complicate how trademarks are used and associated with brands.

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Trademarks as Personal Names (Challenges)

Designers who use their names as trademarks can face challenges if they depart from their brand or company. The company might retain the trademark rights, limiting the designer's ability to use their own name.

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Trademarks as Personal Names (Advice)

To maintain control over their names, designers should personally register their trademarks and then license them to companies. This allows them to protect their personal brand.

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Legal Basis for Personal Names (EU Regulation)

EU law prohibits trademark proprietors from restricting the use of natural person names in trade unless there's a violation of prior rights.

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Invalidation of Trademarks (Prior Rights)

A trademark can be invalidated if it infringes on prior rights, including personal names, according to EU or national law.

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Copyright Protection in Fashion: Idea vs. Expression

Copyright protects the expression of an idea—for example, a design sketch—but not the idea itself. So, the concept of a dress isn't protected, but the specific drawing of that dress is.

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Copyright Protection: Originality Standard

Copyright protection for fashion designs requires originality, which means that the work must reflect the author's own intellectual creation and involve free and creative choices.

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Study Notes

IP Law Intro Lecture - Summary

  • IP law is concerned with the legal protection of valuable intangible assets, creating value from them, and using legal tools for exclusion and inclusion.
  • Learning objectives include awareness that IP is essential to the creative economy, understanding legal issues and constraints, and integrating legal tools into business strategies.

Trademarks

  • A trademark is a sign that distinguishes one enterprise's goods or services from others.
  • Trademarks include words, figurative marks, composite marks, 3D marks, colours, smells, and sounds.
  • Examples include Harley-Davidson (sound), Toblerone (shape), and others.
  • Trademarks have exclusive rights for the creator, who has the right to control the use of the trademark and can demand compensation for its use by others.
  • There's a mechanism for registering the chemical structure of a smell as a trademark.

Intellectual Property Landscape

  • Aesthetics, trade names, marks, industrial inventions and design rights are all part of the landscape of intellectual property.
  • Patents, copyrights, designs, trademarks, geographical indications, and trade secrets are all part of intellectual property rights.
  • The notion of public domain does not fall under intellectual property

Intellectual Property and Creative Industries

  • Intellectual property (IP) law significantly impacts the creative industries (fashion, music, and other sectors).
  • Protection mechanisms vary, and the legal landscape can be complex for both creators and users.
  • The use of IP, such as trademarks, patents, and copyrights is crucial in creative industries for revenue generation, brand protection, and building market trust.
  • The laws and enforcement of IP laws play a significant role in the financial and business aspects, as well as the creative output of these industries.
  • IP law must adapt to developments in technology and society.
  • Copyright protects original creative works (such as literary, artistic, and musical works).
  • Copyright rights generally include the exclusive right to reproduce, distribute, communicate, and adapt the work.
  • Copyright lasts for a specific period of time (e.g., the author's life plus a certain number of years).
  • Certain exceptions and limitations may apply to copyright protection, for example, for educational or critical use.
  • Copyright requires originality as opposed to simply an idea.
  • Copyright applies to the expression of an idea, not the idea itself.
  • Legal protection for copyright holders can vary between jurisdictions.
  • Platforms face legal challenges related to copyright infringement due to user-generated content.
  • Platforms play a role as intermediaries.
  • There has been a progression of different liability standards for different phases of internet usage involving copyrighted content.
  • Different legal responses and efforts by EU and U.S. lawmakers have helped to address these issues.
  • The question of platform responsibility for copyright infringement is a key legal and technological issue.
  • Related rights are granted to individuals or organizations involved in the production, performance, or broadcasting of artistic works, but are not considered to be the creators of the underlying work.
  • Examples include performer's rights, broadcasters' rights, and phonogram producers rights.
  • Related rights generally have shorter durations than copyright for a protected work.
  • Related rights are distinct from copyright and have their specific protections.
  • IP rights are often tied to specific laws and frameworks within countries and globally.
  • The applicability of IP laws can differ depending on the specific geographic region.
  • There may be conflicts between competing interests when dealing with public use vs. private rights or author vs. rights holders, leading to the need for case studies to interpret/develop laws.
  • Copyright laws aim to offer clarity and protection for rights holders, but may experience challenges due to technological developments and evolving social norms.
  • The interplay between legal frameworks and user/creator behaviors is crucial to assessing IP infringement risks and legal disputes.
  • Contemporary and conceptual art, which often prioritizes concepts over material objects, presents unique challenges to traditional copyright law.
  • The legal principles related to originality & expression in the context of copyright law can have applicability to new mediums such as conceptual art.
  • Some jurisdictions may apply art world norms or practices in determining legal challenges in the interpretation of the copyright laws.

Public Architectural Art

  • Public art presents complexities with copyright.
  • The traditional legal framework related to copyright sometimes has trouble encompassing the nuances surrounding public art.
  • The public access and display of architectural works may conflict with the copyright protection of the architect.
  • Existing and evolving legal frameworks may have difficulties in balancing public interests against private rights concerning architectural works' protection.
  • Al-generated works challenge the notion of authorship in copyright law.
  • Defining ownership of Al-generated works is a developing area of law.
  • The balance between public access, rights of creators and the ability to regulate artificial intelligence is an emerging issue impacting the modern legal landscape of copyright.

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Description

Test your knowledge about the legal principles and moral rights surrounding street art in the United States and abroad. This quiz covers various legal cases, concepts, and the challenges artists face regarding their work. Explore laws that impact street art and the nuances of copyright protection.

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