The IPKat

JANUARY 6, 2024

A while ago, the IPKat reported [ here , here , and here ] on a number of cancellation actions directed at Banks’s EU trade mark (EUTM) registrations representing his artworks.

Artwork 67

Artwork Registration Intellectual Property Copyright 67

LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. However, in the case of AI, determining authorship becomes complex.

Artwork 52

Artwork Copyright Editing Ownership 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Aug 18, 2023) , the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

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Registration Copyright Law Artwork Copyright 57

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.

Confidentiality 52

Confidentiality Artwork Registration Intellectual Property 52

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). Authorship and Human Contribution A. Identifying AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

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”). Allen did not agree to the request and continued to request copyright registration of the entire work. Last year, Jason M.

Art 120

Art Copyright Registration Fair Use 120

Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

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. Plaintiffs asserted that the defendants’ conduct resulted in, among other things, copyright infringement of the plaintiffs’ artwork. Several U.S.

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

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. The plaintiff sued for copyright infringement in May 2023. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. 4] The U.S.

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

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.,

Copyright 118

Copyright Art Copyright Law Licensing 118

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. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

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”). Last year, Jason M.

Art 52

Art Copyright Registration Fair Use 52

LexBlog IP

MARCH 9, 2023

22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).) Ownership of trademark rights is not contingent on a registration. In the United States, trademark rights are acquired through exclusive, continuous use, not registration. ” ( Hermès Int’l v. Rothschild , No. LEXIS 17669, at *11 (S.D.N.Y.

Litigation 52

Litigation Artistic Work Branding Brands 52

LexBlog IP

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. For those interested, written comments are due by October 18, 2023. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. We will track further developments in this space.

Copyright 52

Copyright Technology Artwork Fair Use 52

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. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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? Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

IP 59

IP Trademark Advertising Advertising 59

Intepat

MAY 17, 2024

The United States Copyright Office has clarified the requirement for human authorship in generative AI through various decisions that rejected copyright registration for AI-generated works, each varying in human involvement. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

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.

Trademark 70

Trademark Artwork Social Media Trademark Law 70

LexBlog IP

SEPTEMBER 11, 2023

The District Court Decision On August 18, 2023, invoking its jurisdiction under the Administrative Procedures Act to review a final agency action, Judge Beryl A. The court then states plainly: “The [Copyright] Register did not err in denying the copyright registration application presented by plaintiff. 18, 2023)

Copyright Law 52

Copyright Law Copyright Technology Registration 52