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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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. The photographer threatened to sue the Foundation alleging copyright infringement.

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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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The IPKat

SEPTEMBER 27, 2023

The deadline to respond is 18 October 2023. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress.

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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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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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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The Court held the Copyright Act plainly requires human authorship.

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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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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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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 is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Kluwer Copyright Blog

NOVEMBER 26, 2023

Photo by Possessed Photography on Unsplash Copyright protection in machine-generated works is not a new issue for law makers. 53 (1884) extended copyright protection to photography. 53 (1884) extended copyright protection to photography. 2018) ), questioning whether a non-human could be the author of a copyrighted work.

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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.

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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. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S.

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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

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Human authorship requirement Under U.S.

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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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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. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S.

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LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Copyright Office’s original review and subsequent findings Ms. As noted in its letter of February 21, 2023, the Office found that while Ms. was copyrightable.

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri ). He sought to register the work for a copyright in the US, listing the computer system as the author and explaining that the copyright should transfer to him as the owner of the machine.

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Patently-O

APRIL 18, 2024

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. 2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.”

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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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. Copyright law in the U.S.

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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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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition. 1] See, e.g., Campbell v.

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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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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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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. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

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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. In its refusal of Thaler’s second request for reconsideration, the USCO reflected on decades of case law in both the Supreme Court and lower courts, as well as the Compendiums of U.S.

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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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LexBlog IP

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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The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. Read this post by SpicyIP intern Vedika, to know more. ‘AI

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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. This blog post speculates on the issues that may arise in that litigation and other similar cases.

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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. Here are the most popular posts over the past few months. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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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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Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster and held oral argument on November 1, 2023, most commentators believe—like me —that the Court will reverse the Federal Circuit and hold that Section 2(c) is consistent with the Free Speech Clause of the First Amendment on its face and as applied to Elster’s trademark application. Section 2(c) is a viewpoint-neutral trademark law.

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