Intellectual Property Law Blog

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. This bedrock principle was reinforced in two recent copyright decisions.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

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The IPKat

MARCH 16, 2023

On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn , a graphic novel that includes images created with the assistance of Midjourney , a generative Artificial Intelligence (AI) system. The case In September 2022, Ms.

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The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. There, it was presented as an original Koons artwork of which three copies exist.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). As a result, the examiner asked Allen to disclaim or exclude from his copyright claim the portions of the work generated by AI.

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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. copyright law.

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JD Supra Law

DECEMBER 7, 2023

The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November 2023.

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Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019.

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Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

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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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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. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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The IPKat

FEBRUARY 20, 2023

The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February. Consequently, according to Law 22.04.1941 No.

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The IPKat

SEPTEMBER 27, 2023

The deadline to respond is 18 October 2023. Midjourney The Work On 21 September 2022, Mr Jason Allen applied for copyright registration before the USCO naming himself as the author. Nevertheless, the applicant declined the examiner’s request to exclude from the copyright claim the features of the work generated by Midjourney.

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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’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph.

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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. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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TorrentFreak

APRIL 10, 2023

” Pre-Release Leak: February 2023 On February 20, 2023, Eurogamer reported that a 200-page ‘Artbook’ had been leaked online, containing details of new characters, enemies, enemy types, and new locations. The complaint targeted a Discord channel named “Tears of the Kingdom Official Discord Server.”

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JD Supra Law

AUGUST 30, 2023

On August 18, 2023, a federal District Court in the District of Columbia in Thaler v. Perlmutter, 22-cv-01564-BAH, definitively ruled that AI cannot be an author of a copyright under the U.S. Copyright Act, because “United States copyright law protects only works of human creation.”

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

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TorrentFreak

SEPTEMBER 21, 2024

In November 2023, the publisher of hit videogame Genshin Impact obtained a DMCA subpoena at a California district court to unmask an anonymous alleged infringer. The subpoena was granted but X Corp pushed back and refused to disclose the requested information by the November 22, 2023, deadline.

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IIPRD

JANUARY 7, 2025

COPYRIGHTS AI programs can create creative and literary works on their own. This ability of AI has raised a lot of concerns pertinent to copyrights, as copyright is linked to the creativity of humanity and aims to protect, promote, and ultimately acknowledge such creativity. 14] What responsibilities have arisen?

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The IPKat

FEBRUARY 8, 2024

IPKat copyright event on 14 March: you can attend in person. In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. In light of the above, it is clear that when, how, and at what conditions copyright protection arises are still very very (very!) relevant issues.

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TorrentFreak

JANUARY 23, 2024

According to law, the company may only use the information to protect its copyrights, but that leaves plenty of scope for a range of actions, up to and including multi-million dollar lawsuits in appropriate circumstances. The DMCA subpoena was issued on November 7, 2023. to hand over the information detailed below by November 22, 2023.

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Patent Trademark Blog

JULY 13, 2023

Can you copyright product designs and shapes? In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both.

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JD Supra Law

DECEMBER 22, 2023

The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the application’s creation of the work. 11, 2023) (Wilson, Gen. 11, 2023) (Wilson, Gen.

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JD Supra Law

AUGUST 22, 2023

On August 18, 2023, the U.S. Copyright Office, holding that digital artwork created “autonomously” by an artificial intelligence program lacked human authorship and thus was not copyrightable. District Court for the District of Columbia granted summary judgment in favor of the U.S. Perlmutter et al., 1:22-cv-01564 (D.D.C.

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JD Supra Law

AUGUST 25, 2023

On August 18, 2023, the US District Court for the District of Columbia (the Court) ruled in Thaler v. Register of Copyrights that an AI-generated work “absent any guiding human hand” is not protected by copyright, explaining that “[h]uman authorship is a bedrock requirement of copyright.” By: Goodwin

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JD Supra Law

DECEMBER 20, 2023

Copyright Office is forging ahead with new decisions that address the issue. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth…. By: Holland & Knight LLP

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TorrentFreak

FEBRUARY 10, 2023

DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead. .

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JD Supra Law

SEPTEMBER 6, 2023

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be afforded to that content. On 18 August 2023, in Thaler v. Perlmutter, Case No. 1:22-cv-01564, (D.D.C.

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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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BYU Copyright Blog

APRIL 29, 2024

New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. House of Representatives concerning Artificial Intelligence and Copyright Law. 7913), sponsored by Rep.

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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. The nature of the copyrighted work.

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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. Firstly, the work shall be given credit for being produced by a human.

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SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Shatrughan Kumar AKA Khesari Lal Yadav and Ors.

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