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

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SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. The work was generated by the Midjourney image AI system. See my post here on AI and copyright registration issues in India).

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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.

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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.

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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. ChatGPT , Smodin ), to perform music (i.e.,

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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’?

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.,

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SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

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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.

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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).

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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?

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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.

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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.

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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].

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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].

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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.

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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].

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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LexBlog IP

DECEMBER 18, 2023

17, 2023) (emphasis added). As such, creators of such “disembodied” designs may need to continue to rely only on copyright law to protect such designs as artistic works unless and until Congress intervenes to expand subject matter eligibility under Section 171. a)(I) ] but provides important clarifications.”

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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.

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