SpicyIP

SEPTEMBER 9, 2023

Next, he added “the overall image’s genre and category,” “certain professional artistic terms which direct the tone of the piece,” “how lifelike [Mr. On this basis, the USCO ruled that more than de minis of the work was determined and executed by technology and not by a human.

Copyright 116

Copyright Registration Artistic Work Artwork 116

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws.

Designs 105

Designs Design Copyright Copyright Infringement 105

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It When it comes to songs, copyright gets pretty interesting.

Music 103

Music Copyright Ownership Copyright Law 103

Kluwer Copyright Blog

JULY 24, 2024

Google , Meta and now even Apple have integrated foundation model technology into their lead products, albeit not without controversy. The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area.

Copyright 135

Copyright Ownership Social Media Licensing 135

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 Designs 143

IP and Legal Filings

OCTOBER 19, 2022

Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. 2537 (1994).

Artwork 90

Artwork Copying Contracts Copyright 90

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork.

Intellectual Property 98

Intellectual Property Government Invention Brands 98

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently.

Art 52

Art Artwork Intellectual Property Copyright Law 52

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). In reaction, they invite for a Data Exclusivity law.

Intellectual Property 96

Intellectual Property IP Government Invention 96

Copyright Lately

JANUARY 23, 2023

(If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) With a proper understanding of the technology, we can see that the complaint’s repeated description of Stable Diffusion as a “21st-Century collage tool,” while perhaps catchy, simply isn’t accurate.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 125

Copyright Art Copyright Law Licensing 125

LexBlog IP

OCTOBER 3, 2023

For example, how will the Copyright Office address collaborative or joint works between a human and AI? And will this bedrock principle be limited to generative AI, or may it lead to revisiting copyright protection for other technologies where creative decisions are left to machines? Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” copyright protection is also available for artistic works first appearing in the context of 3D products, as we discussed in this earlier post relating to a furniture design. copyright law. For comparison, U.S.

Designs 40

Designs Design Copyright Artistic Work 40

SpicyIP

DECEMBER 15, 2023

Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi. Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

Copyright 49

Copyright Artistic Work Copyright Law Music 49

LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Judge Rakoff did observe that use of NFTs in connection with the underlying work should not automatically strip the work of artistic significance.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

SEPTEMBER 11, 2023

As the court recognized, the more difficult questions that will need to be addressed include how much human input is required to qualify the user as the creator of a work such that it is eligible for copyright protection. United States copyright law protects only works of human creation” Id. photographs). 3d 955 (9th Cir.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

LexBlog IP

MARCH 9, 2023

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. .”

Litigation 52

Litigation Artistic Work Brands Branding 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

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. The Metaverse comprises various technologies, each with its own IPR implications.

Trademark 52

Trademark Ownership Brands Branding 52

Intepat

MAY 17, 2024

Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. The ability to duplicate, distribute, perform, and exhibit the work is one of these rights.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. Multiple pieces of copyright material may exist in a single digital work. Interested parties can view this chain to see an accurate history of the NFT.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

OCTOBER 9, 2022

As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. However, a second application was filed where a natural person and an AI (again (RAGHAV) were named as co-authors for another artwork. This copyright office granted registration in this case.

Registration 124

Registration Art Copyright Artwork 124

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

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

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. Roman Martinez (Latham Watkins) is set to argue for Warhol and Lisa Blatt (Williams Connolly) for Goldsmith. Government (Biden Administration).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

The IPKat

FEBRUARY 18, 2025

The Office has not only refused the registration of wholly AI-generated outputs, but also AI outputs that it deemed to lack sufficient human contribution, for example, Thtre Dopra Spatial and the artwork generated by artificial intelligence in Zarya of the Dawn [IPKat here and here ]. Concluding remarks: AI-generated artworks or compilations?

Artistic Work 75

Artistic Work Copyright Registration Artwork 75

Intepat

APRIL 4, 2025

Intellectual property rights are crucial for protecting artists rights in their artwork. Copyrights safeguard creative work from unauthorised reproduction, replication and sale. Unlike patents or trademarks, copyright protection begins as soon as the artistic work is created, without requiring registration.

Copyright Infringement 52

Copyright Infringement Art Copyright Artistic Work 52