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CopyrightLaw by Angela Chung Do everything by hand, even when using the computer. Even with tools introduced by OpenAI to stop the generation of art in the style of living artists, user prompts are capable of circumventing this to still create a similarly styled output.
A few weeks ago, the UNION-IP Designs Commission in association with the UNION-IP Netherlands national group – “Design & CopyrightLaw: siblings or rival?” Here’s what Linnéa writes: Conference report: Design & CopyrightLaw – siblings or rivals?
Here’s what Henning writes: Works of applied art – the difference between design and copyrightlaw by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.
This is consistent with longstanding precedent (in the US, at least) that only works by human authors can be protected by copyright. Authors, here, is a copyright-law catch-all term encompassing all creators, be they writers, painters, filmmakers, graphic designers, or even software coders. Monkeys need not apply.)
Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.
A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. Determining the invention’s pertinent field of application and the extent of the prior art is another important topic.
copyrightlaw, works of corporate or pseudonymous authorship lapse into the public domain after either 95 years from first publication or 120 years after creation, whichever ends first. Anyone could also publish their own version of the book, either with the original art or new art that they created.
Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.
Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.
Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.
Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyrightlaws.
In addition, the AI act also contains a recital (60i) that explains the interaction between the training of generative Ai systems and the exceptions contained in article 3 & 4 of the copyright directive. This would require AI developers to obtain permission from all rightsholders whose works are included in their training data.
Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership.
Indirect Infringement Risks: Although the AI itself may not recreate protected works, outputs may well be significantly similar to copyrighted material. For instance, if an AI produces art or designs most similar to other copyrightedart or designs, Equivalence by an AI leads to infringement.
Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. And this one.
One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyrightlaw. Such databases may include work that is copyrighted. The Digital Personal Data Protection Act, 2023 provides for the laws related to data privacy and some form of regulation.
The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyrightlaw.
That’s because copyrightlaw poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn’t always as clear-cut as it may seem. But despite numerous similarities between Stereophonic and the events described in Making Rumours , Caillat may be looking at a landslide loss.
Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. For now, the law is still hazy. megastar Randy Orton.
Union-IP Roundtable: Protecting Functional Designs and Works of Art (8 November) On 8 November, Union-IP is organizing a roundtable in Amsterdam on the protection of functional designs and works of art. For further information, click here. For further information and to register, click here.
Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). The basis for registration is not specified.
Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyrightlaw. In the meantime, you can read Christina Angelopoulos’ post on a comparative report of the national implementations of Art 15 and 17 here. Călinescu ( C-649/23 ).
At what conditions can works of applied art be protected by copyright under EU law? If this question feels like déjà-vu , it is because it is. Now it is the turn of the Bundesgerichtshof (BGH), Germany also to make a CJEU referral on essentially the same issues. The news was broken yesterday on the BGH website.
Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds. For instance, who holds the copyright to a virtual item collaboratively created by multiple avatars?
Vitra's DSW chair One of the cornerstones of international copyrightlaw – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries.
This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.
Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(3) CDR makes an exception from Art. 8(2) CDR ). 8(2) CDR ).
Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyrightlaw! In this edition, we update you on what has happened between July and September 2023 in EU copyrightlaw. The autumn has started with full speed – the courts and the policy makes have been very active. Stay tuned!
And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best CopyrightLaw Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and CopyrightLaw, by Enrico Bonadio and Chen Zhu. •
Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This has to do with the application of copyright to works made through AI. Copyright Office dismissed the claim, arguing that the existence of a human being behind the invention is a precondition for copyright.
Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyrightlaw. What could this mean for UK and Canadian copyrightlaw?
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. Generative AI Computer-generated art reached a tipping point in 2022.
The legal issues at hand call back into the spotlight an age-old question that courts have always struggled with answering in copyrightlaw—where does one draw the line between when a work can and cannot be protected? In T-Peg Inc. v Vermont Timber Works Inc. , 3d 97 , Lynch J. 3d 12, 18 ).
This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.
For the answer to question 3 and the question whether an allegedly infringing work of applied art falls within the scope of protection of a work and infringes the exclusive right to the work, what is the significance of a) the degree of originality of the work for the scope of protection of the work? Question 4 a) reads as follows: 4.
You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. The post Who Owns the Copyright in Your Tattoo Art? appeared first on Art Business Journal.
The Code of the Cultural and Landscape Heritage’s legal force is separate from copyrightlaws and remains in effect when copyright protection does not. The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyrightlaw.
As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.
The IPKat is pleased to host the contribution below by Katfriend Hanne Kirk (Gorrissen Federspiel) on a recent Danish decision concerning copyright protection of works of applied art. The dispute concerned a plant box created by the Danish design company ferm Living and sold in various colours. Wolly & Co.
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.
The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.
Pastiche is one of the newer harmonized user rights in EU copyrightlaw. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.
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