Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection.

Copyright 130

Copyright Ownership Social Media Licensing 130

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

Artwork 71

Artwork Copying Contracts Copyright 71

IP and Legal Filings

MAY 24, 2024

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.

Non-Fungible Tokens 93

Non-Fungible Tokens Art Trademark Brands 93

IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR).

Intellectual Property 82

Intellectual Property IP Government Invention 82

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

JANUARY 29, 2023

Legal Pitfalls in Virtual World The character design used by a content creator can be designed by an artist, and rights can be transferred from the artist to the creator. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

Intepat

MAY 17, 2024

One case involved the visual work “A Recent Entrance to Paradise,” produced by Steven Thaler’s Creativity Machine, which was entirely generated by AI with no human contribution. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] citing Hustler v. Falwell and Mattel v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Design 143

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Government (Biden Administration). Roman Martinez (Latham Watkins) is set to argue for Warhol and Lisa Blatt (Williams Connolly) for Goldsmith.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

IPilogue

SEPTEMBER 20, 2021

Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections. Any decision the Canadian government makes regarding the copyright framework will not exist in a vacuum; it will be affected by developments in other jurisdictions.

Intellectual Property 111

Intellectual Property Artistic Work Copyright Artwork 111

SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

Registration 52

Registration Trademark Copyright Registering Trademarks 52