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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

A new breed of artists is using generative artificial intelligence tools like DALLĀ·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof. Oscar Wilde No.

Artwork 96
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Fleshing out the copyright in a tattoo

IP Whiteboard

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

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Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

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AI Generated Art and its conflict with IPR

IIPRD

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52
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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. Of note, in DRG Inc.

Ownership 103
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ā€˜AI Generated Workā€™, ā€˜Computer Generatedā€™ and ā€˜Workā€™ in Copyright: Whether AI Generated Work is a ā€˜Workā€™?

SpicyIP

AI generated works are not works as such, rather they are the outcomes of maximizing the likelihood of the prompted text or pixel in the command. They can be explained as the software outcomes rather than expressions of intellectual creativity to present something in the digital form.

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Takeaways from the HermĆØs Litigation over MetaBirkins NFTs

LexBlog IP

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”