Ars Technica – Law and Disorder The Art Law Blog
Art has been losing its moorings in tradition, and this brings out some of the underlying assumptions about what art IS. The art world may be in perpetual debate as to whether the concept or the aesthetics are more important, but it seems generally agreed that art is something beyond the useful, that exists for…
Street artists produce dynamic artworks, in a manner that democratically circumvents the art establishment. The extra-legal and often collaborative nature parallels the free culture "remix culture" ethos. Groups of graffiti artists make changes and additions to one another’s work, resulting in a constantly evolving urban landscape. Interestingly, graffiti often runs afoul of the law just…
User-generated content (“UGC”) is ubiquitous on the Internet. Sites develop around providing users a platform to upload their creations. Yeah, well, technically a lot of that stuff’s illegal. Modders, mixers, or makers of machinima may participate in the free exchange of creative material, yet strict application of copyright law may criminalize them as willful infringers…
When most people think of a video game fixation, it conjures up images of a teenager spending hours and hours staring into a screen. Fixation means something much different within the law. To qualify for copyright protection a work must be “fixed in a tangible medium of expression.”
While traditional AI frameworks resulted in machines which are little more than tools or puppets, dynamic and self-regulating systems are arising which can autonomously act or produce content. It may be awhile before we see a digital entity that we recognize as being self-aware, yet computers that think for themselves are already among us.
Do you need to intend to produce a work of art in order to get copyright it? Copyright law has grown to be highly inclusive, yet there does come a point when an object or work is so lacking in human creativity that copyright will fail to apply. Purely mechanized works lack sufficient creativity to…
When computer programs came out it was decided that the underlying code was protectable as a literary work, insofar as it embodied the original expression of the programmer. Ideas and functions are beyond the purview of copyright law,[1] but patent law was extended to certain aspects of software to incentivize production of novel methods of computing…
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