Forging a Chillida is not plagiarism: the ruling putting artists and heirs on alert
Authenticity, artistic creation, and the boundaries between inspiration, copying and forgery are once again at the centre of legal and cultural debate. In this feature for El Confidencial, Laura Villarraga Albino, Of Counsel at Kepler—Karst Law Firm, examines the legal implications surrounding forged works of art and the legal distinctions between forgery, plagiarism and copyright […]
AI and the cost of legal uncertainty in copyright
In the context of World Intellectual Property Day, the impact of artificial intelligence on copyright is once again at the centre of the legal debate, particularly due to the use of protected content to train these systems. This scenario highlights the tension between technological innovation and the protection of creators, as well as the lack […]
Extended Collective Licences in the Age of AI: A Prudent Withdrawal or a Missed Opportunity?
Extended collective licences return to the centre of legal debate in the context of artificial intelligence and the large-scale use of protected content for the training of models. The tension between technological innovation and the effective protection of copyright requires a rigorous analysis of the instruments available within the European framework. In particular, this mechanism is […]
Is Banksy stirring controversy again? The debate over the protection of Street Art
Banksy has once again sparked discomfort with his work — only this time, he chose the wall of the High Court of Justice in London. The scene brings to the forefront questions about copyright law, the protection of heritage-listed buildings, and, of course, freedom of expression.A few weeks ago, an image appeared on the façade […]
Who buys the jewelry stolen from the Louvre? The mystery of an illegal market that is growing unchecked
The recent theft of the jewels of Napoleon III and Empress Eugénie de Montijo from the Louvre has once again highlighted the significant legal risks surrounding the trade of cultural property. As Laura Villarraga, Of Counsel at Kepler—Karst Law Firm, explains, buyers of such pieces face civil liability if the original owner claims restitution, as […]
Controversy over the Adidas ‘Oaxaca Slip-On’: Where is the limit of cultural appropriation?
The case of the Oaxaca Slip-On model illustrates an increasingly frequent dilemma: the use of traditional cultural expressions as commercial inspiration without recognition or benefit for the communities that safeguard them. The product’s withdrawal from the market and the subsequent public apology have set a precedent for a broader debate on the limits of intellectual […]
Can AI Replace the Human Eye in Authenticating Works of Art?
A recent AI-based attribution of a Rubens painting has reignited the debate about the opportunities and limits of the technology in the art world. The work in question is Diana Bathing, long regarded by many scholars as a copy of Rubens. The Swiss authentication firm Art Recognition now suggests that the master himself may have […]
The Ghibli effect: the protection of the author’s style and the homogeneous world
Laura Villarraga Albino, Of Counsel at Kepler—Karst Law Firm and an expert in intellectual property and art law, analyzes in this Cinco Días article how the latest ChatGPT update—allowing users to generate images in the style of the iconic Studio Ghibli—has taken the internet by storm. However, it also raises key questions about copyright and the legal […]
