LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. 1] Express Newspapers Plc v Liverpool Daily Post & Echo Plc [1985] 3 All E.R. 16, 2023), [link].

Social Media 52

Social Media Artistic Work Copyright Technology 52

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Howell affirmed, “[i]n the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: No.” Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

Kluwer Copyright Blog

APRIL 17, 2024

Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. For simplicity, I will label this ‘commercial significant artistic creativity’.

Artistic Work 110

Artistic Work Registration Copyright Ownership 110

The IPKat

FEBRUARY 17, 2022

The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. In 2019, the U.S. Deepbrain AI , Veed.io ).

Copyright 125

Copyright Art Copyright Law Licensing 125

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright. WIPO conference hall – picture by David Matthiessen) Prof.

Reporting 83

Reporting Copyright Intellectual Property Artistic Work 83

IPilogue

DECEMBER 13, 2021

While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection? 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings.

Social Media 111

Social Media Intellectual Property Designs Design 111

The IPKat

MARCH 25, 2022

Background On 17 December 2019, Unilever applied to register ‘WONDER MUM’ as a trade mark for goods in Class 3 including: soaps; perfumery; essential oils; deodorants and antiperspirants; hair care products, etc. Let’s see what happened. Did someone say trade marks? superheroes?

Artistic Work 94

Artistic Work Registration Law IP 94

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. In light of these averments, the Court issued an interim stay on the copyright registration pending further hearings.

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Trademark Confidentiality Patent Application Registration 105

SpicyIP

MARCH 11, 2024

First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019. Second, the defendant was able to obtain copyright and trademark registrations for its device marks during the above interim phase.

Trademark 59

Trademark Registration Copyright Patent 59

IIPRD

JUNE 8, 2024

Furthermore, if a design is eligible for registration within the Designs Act, 2000 but has not been registered, it can only be protected within the Copyrights Act if its owner produces it in an “industrial process” no more than fifty times. More IP Offices should be opened the registration cost should be decreased.

Intellectual Property 52

Intellectual Property Design Designs Brands 52