Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm.

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SpicyIP

JANUARY 13, 2025

on 13 December, 2024 (Delhi HC) The suit was filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiff’s trademark and passing off. Image from here Marriott Worldwide Corporation vs Hotel Marriot Prime & Anr. The mark or device of respondent no.

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SpicyIP

SEPTEMBER 11, 2023

On 05 September, 2023 (Delhi High Court) In an appeal against the single judge order, the division bench of the Delhi High Court restrained Bhojpuri artist Khesari Lal Yadav from engaging with other music companies except the appellant for monetizing any new songs till September 30, 2023. Shatrughan Kumar AKA Khesari Lal Yadav and Ors.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent? 106A of the U.S.

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The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI-related copyright cases.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Two major obstacles can be recognized in this context.

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LexBlog IP

NOVEMBER 9, 2023

On October 30, Judge Orrick issued a written decision to that effect, dismissing all but one claim for direct copyright infringement by Stability AI on behalf of just one plaintiff. We may see soon what impact, if any, the Andersen decision has in the Silverman cases: a motion hearing is currently noticed for December 7, 2023.

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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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IP Tech Blog

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. For those interested, written comments are due by October 18, 2023. Now, the U.S.

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The IPKat

FEBRUARY 3, 2023

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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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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LexBlog IP

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. For those interested, written comments are due by October 18, 2023. Now, the U.S.

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Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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The IPKat

JULY 23, 2023

Upcoming Conferences The "CITMA Autumn Conference" will take place on 19 October 2023 at the Library of Birmingham, UK. Registration closes on 6 October 2023. The conference is free, but registration is required, which closes on 25 September 2023. More details, here. Spaces are limited, so register soon.

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LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op.

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LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law.

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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’? by Dr. Anson C J As technology advances, the emergence of synthetic creativity has raised intricate questions about copyright law and the concept of originality ( Samuelson 2023 ).

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. X wins copyright infringement case against 17 music publishers. The Court granted an ex-parte ad interim injunction order, finding a prima facie case in the plaintiff’s favor.

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The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, we begin with developments in the copyright field. Interested readers can find the Africa IP Highlights 2022, here.

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Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith. The photographer threatened to sue the Foundation alleging copyright infringement.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

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SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

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LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., scholarship, or research” [2] and is evaluated through multiple factors. .” 3d 312 (S.D.

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Kluwer Copyright Blog

JANUARY 21, 2025

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Such uses, they argue, constitute copyright infringement. And when they reproduce verbatim these fragments, this may be a ground for copyright infringement.

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Copyright Lately

APRIL 6, 2025

Sanctions All the Way Back in 2022, I joked that Vince Vance may have waited 28 years to sue Mariah Carey for copyright infringement because it took him that long to find a lawyer willing to risk Rule 11 sanctions by taking on his case. If youre not a subscriber, you can fix that here no password reset required. In Thaler v.

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