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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.

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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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DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

SpicyIP

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as ā€œartistic worksā€ under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

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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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Unrequited love at the times of French maisons: the Museum vs Le MusƩe

Kluwer Copyright Blog

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. We have an artwork, displayed in a museum and which is in the public domain. Thus, not only it is for the authority taking care of the artwork (e.g. This is exactly the case here.

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Stop, thief! How to win big in a copyright infringement case

Art Law Journal

Itā€™s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someoneā€™s blog without your permission. Congress included a ā€œstatutory damagesā€ provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

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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.

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