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2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).

IP 75
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If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front). The complaint.

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DC District Court: AI-Created Works Ineligible for Copyright 

Patently-O

18, 2023). In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

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Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

Do these creations belong to the artists or the public domain? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. Ehrich Bros.’s

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HULM Entertainment v.  Fantasy Sports: Reanalysing Originality, Idea-Expression Dichotomy and Copyrightability of GUIs

SpicyIP

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note. The matter will next be taken up on December 19, 2023, where we’ll see how the DB proceeds.

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Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.