IP Tech Blog

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. US Copyright Office decision Kristina Kashtanova is an artist and author.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

Kluwer Copyright Blog

FEBRUARY 8, 2023

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). One important question has been whether copyright law should be extended in order to protect such works.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

Kluwer Copyright Blog

DECEMBER 7, 2023

Image by Kalpesh Ajugia from Pixabay00 THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal test to consider whether a copyright work is original. in which copyright subsists; b. in which copyright subsists; b.

Copyright 75

Copyright Artistic Work Copyright Infringement Business 75

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. In fact, one of Prof.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. There, U.S.-based

Copyright 52

Copyright Trademark Fair Use Contracts 52

The IPKat

FEBRUARY 3, 2023

This litigation has arisen amongst a flurry of recent interest in AI generated works. Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Designs 143

IIPRD

APRIL 3, 2024

Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 1] The Copyright Act protects certain types of works, which are included in Section 13. The appreciation and experimentation of OTT content have shown that India Cinema is back again.

Cinema 91

Cinema Copyright Blogging Registration 91

The IPKat

SEPTEMBER 7, 2024

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries.

Art 82

Art Copyright Designs Design 82

The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 77

Contracts Artistic Work Copyright Copyright Law 77

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

Artwork 98

Artwork Blogging Art Copyright 98

SpicyIP

DECEMBER 15, 2023

Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Kluwer Copyright Blog

MARCH 11, 2024

Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

Copyright Law 60

Copyright Law Law Copyright Intellectual Property Law 60

The IPKat

JUNE 18, 2023

Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa plc and King’s College London have partnered to offer a distance-learning course on UK, EU & US Copyright Law starting 27 September 2023. Click here to apply. It deals with a wide range of rights (e.g.,

Artistic Work 58

Artistic Work Copyright Law Publishing Reporting 58

IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. But unanswered questions abound. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

IP and Legal Filings

MAY 24, 2024

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. While denying the claims of artistic freedom, the court held his NFTs to be uncannily similar and capable of causing confusion for consumers [4].

Non-Fungible Tokens 90

Non-Fungible Tokens Art Trademark Branding 90

LexBlog IP

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. US Copyright Office decision Kristina Kashtanova is an artist and author.

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs.

Copyright 60

Copyright Copying Design Designs 60

SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law.

Copyright 59

Copyright Copyright Infringement Copyright Law Copying 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. The inventions of any startups are protected through the Copyright laws. Copyright and Trademarks, Copyright, I. References.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

TorrentFreak

JUNE 2, 2024

The service, which isn’t named by the Ministry, reportedly had more than 14,000 subscribers who paid between 10 and 19 euros per month, resulting in “damage to the rights of the authors, producers and distributors of these artistic works.” From: TF , for the latest news on copyright battles, piracy and more.

Reporting 110

Reporting Artistic Work Business Television 110

IP and Legal Filings

JULY 23, 2024

The artist further emphasized that he had paid for all required payment for the singers’ voice algorithms and had acquired all the required permissions from their family members. The same is a perfect illustration of how artistic works and technology might coexist in the next few years. According to R.G. Ford Motor Co [2].

Music 59

Music Copyright Personality Rights Technology 59

SpicyIP

FEBRUARY 12, 2024

Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. It was submitted that the Defendant’s mark has not been registered yet, and application has been filed in 2023 on a proposed-to-be-used basis.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 4, 2023

Controller Of Patents on 24 November, 2023 (Delhi High Court) An appeal was filed against the impugned order rejecting a divisional application for lack of plurality of invention. Case Summaries Nripendra Kashyap Esco vs Asstt. Heineken Asia Pacific Pte. and sought permanent injunction against the use of the same. Sporta Technologies Pvt.

Registration 59

Registration Artistic Work Technology Patent 59

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. Last but not least, fashion items might be protected by copyright. The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death.

IP 52

IP Designs Design Copying 52

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. A finding of infringement would be straightforward, except as to whether the AI-generated portrait is itself a copyrightable work. 16, 2023), [link].

Social Media 52

Social Media Artistic Work Copyright Technology 52

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 1] ” In his second request for reconsideration, Thaler reiterated his arguments and suggested that public policy would support registering GenAI works.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

IIPRD

AUGUST 29, 2024

The continuous technological advancements cause unexpected ways of copyright distribution and the broadcasting sector is not indifferent to it. Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. the larger public interest in assuring early access to the work. Case Summaries M/s Blue Heaven Cosmetics Pvt.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Intepat

MAY 17, 2024

Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

MARCH 1, 2023

Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. VIP Products.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52