IP and Legal Filings

JANUARY 31, 2023

For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Contrary to trademarks, copyrights do not need to be used in commerce for the owner to be able to enforce their ownership. However, in order to file a lawsuit of infringement, copyright registration is required.

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Law Branding Brands Branding 104

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·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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Artwork Blogging Art Copyright 98

Technology & Marketing Law Blog

AUGUST 3, 2021

One possible challenge this statute presents is that the legislature is unduly tinkering with the discovery rules, which are the province of the courts. When coupled with the prospect of obtaining fees, this will likely turn out to be a useful tool for the First Amendment litigator/rix.

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Law Litigation Government Advertising 144

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

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Social Media IP Business Branding 105

LexBlog IP

AUGUST 31, 2021

Copyright ownership is often referred to as a “bundle of rights.” If you own a copyright and grant someone the right (a license ) to create derivative works based on your original work – the new, derivative work, will be its own artistic expression and have its own copyright.owned by the person you granted the license to.

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Derivative Work Artistic Work Licensing Ownership 40

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

IIPRD

JUNE 13, 2024

IPR is the right for the ownership of the property which is not tangible and is the result of your intellect. It provides legal entitlements that cover the privileges granted to individuals who are the creators of original work, stemming from their intellectual creativity or capability.

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Intellectual Property Inventor Invention Trademark 59

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.

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Journalism Publishing Contracts Copyright 61

SpicyIP

FEBRUARY 12, 2024

Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. Surbhi Munjal on 1 February 2024 (Delhi High Court) The Petitioner filed the present suit to restrain the defendant from using an allegedly identical “Zari” device.

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Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

SEPTEMBER 16, 2024

The suit touched upon a range of issues, including, but not limited to, the Court’s territorial jurisdiction and ownership and infringement of the copyright and trademark subsisting in the said logo. The CEA, it was argued, allowed both the companies to use their respective crocodile logos in different global regions, including India.

Trademark 81

Trademark Branding Brands Branding 81

SpicyIP

DECEMBER 15, 2023

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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Copyright Artistic Work Copyright Law Music 49

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 Branding Brands 52

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. A trademark means the identifiable phrase, symbol, and the word that stands for the specific product that has capacity to legally distinguish itself from other products present in the marketplace of like appearance. Later it was settled.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Corsearch

SEPTEMBER 28, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works.

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Branding Brands Branding Intellectual Property 59

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. 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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Art Artwork Intellectual Property Copyright Law 52

Corsearch

FEBRUARY 29, 2024

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works. Patent infringement Patents provide protection for inventions, products, or industrial processes.

Branding 59

Branding Brands Branding Intellectual Property 59

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

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Copyright Artistic Work Copyright Law Law 126

Kluwer Copyright Blog

APRIL 17, 2024

In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity. Turning to Canada , the data is mixed and inconclusive.

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Artistic Work Registration Copyright Ownership 104

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

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Ownership Intellectual Property Artwork Copyright Law 102

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties. When it comes to songs, copyright gets pretty interesting.

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Music Copyright Ownership Copyright Law 99

IPilogue

MARCH 31, 2023

assisted works could be given protection and whether I could get an image I had made with an A.I. as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. Recently, while hearing the debates about AI and authorship, I was intrigued about whether A.I.

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Registration Copyright Ownership Artistic Work 105

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast.

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Registration Copyright Intellectual Property Public Domain 119

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. Question: is a political newsletter really artistic? One of the issues running underneath the disputes over Rogers is what courts means when they say there’s a special test for ‘expressive’ or ‘artistic’ works. Slides here.

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IP Trademark Advertising Advertising 94

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

6 The potential impact of solid-state batteries on the EV industry in particular is huge, as they hold significantly more energy and charge in less time than traditional lithium-ion batteries, thereby eliminating one of the perceived drawbacks of EV ownership. higher energy density), and more durable than lithium-ion batteries.

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Intellectual Property Technology Journalism IP 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. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

Trademark 52

Trademark Ownership Branding Brands 52

IIPRD

JUNE 8, 2024

Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments. The present structure that governs the industry is called “low-IP equanimity,” and it offers designers low protection [5].

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Intellectual Property Designs Design Branding 52

Barry Sookman

MAY 4, 2020

Moreover, inventive activity may present itself in the selection, collection, cleansing and formatting of training data, and/or in the preparation and transformation of data for a particular training model. This case involved whether copyright could subsist in seismic data. created using technical tools.

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Intellectual Property Inventor Invention Copyright 52