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. Both sides appealed to the Court of Appeal. in which copyright subsists; b.

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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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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). Hubbard and Another v. Zafar Mahfooz Nomani, F.

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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? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. By guest blogger Prof.

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The IPKat

APRIL 25, 2024

Does UK copyright law protection extend to computer-generated works which are not original? Ordinarily, for a literary, dramatic, musical or artistic work to be protected under the CDPA it must be original. Traditionally, the English Courts applied a test of ‘sufficient skill, labour or effort’ to determine originality.

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The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

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SpicyIP

DECEMBER 15, 2023

Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? This leaves a grey area when it comes to works generated solely by AI algorithms.

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. 22-cv-384 (JSR), 2023 U.S.

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LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” Where AI alone creates a work, this point seems clear.

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LexBlog IP

JUNE 9, 2023

VIP Products LLC , 599 U.S. _ (2023). The United States Court of Appeals for the Ninth Circuit reversed, ruling that Jack Daniel’s infringement claim was subject to the Rogers test because the toy is an “expressive work” and therefore protected under the First Amendment. Jack Daniel’s Properties, Inc.

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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.

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IIPRD

AUGUST 29, 2024

For example, a cinematograph film is created by the combined effort of the producers, directors, actors, composer, etc which eventually creates underlying rights within its musical works, literary works in screenplays, artistic works, and many more. 2023 SCC OnLine Del 3046. [7] & Intell.,

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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. There is a need to shed light on the legal status of AI which can help the courts determine whether they are eligible to ownership rights of copyright for their work or not. 10 GNLU J.L.

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LexBlog IP

SEPTEMBER 15, 2022

Thom Tillis and Patrick Leahy they will deliver findings by June 2023. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

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IP and Legal Filings

AUGUST 14, 2023

Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] Garimella and S.

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IIPRD

JUNE 8, 2024

Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff. Mr. Tharun and his company designed and produced a minimum of twenty models with distinctive designs and creative work that was either printed or stitched onto the fabric. 7] The Copyright Act, 1957, s 44. [8]

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The IPKat

FEBRUARY 10, 2025

Under the Copyright Act, 1978 (the Copyright Act), artistic works in the form of buildings and models and drawings, artistic and technical designs and specifications, relating to those buildings, are eligible for copyright protection.

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