JD Supra Law

JULY 11, 2022

Copyright Office over its refusal to register artwork created by his artificial intelligence software. . Technology is changing, but is copyright law keeping up? Stephen Thaler clearly believes it is not and has sued the U.S. By: Dorsey & Whitney LLP

Artwork 98

Artwork Copyright Copyright Law Technology 98

JD Supra Law

JUNE 10, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Bored Apes” are a specific line of NFTs depicting original characters based on – you guessed it – bored. By: Robinson+Cole Data Privacy + Security Insider

Artwork 102

Artwork Privacy Ownership Art 102

Plagiarism Today

SEPTEMBER 14, 2022

In short, AI artwork has emerged so quickly that there are significant practical, legal and ethical issues surrounding it and the battle lines on all three are being drawn as we speak. Proactive disclosure prevents people from feeling misled by the artwork. Set Reasonable Limits: Platforms need to set reasonable limits on uploads.

Art 349

Art Artwork Plagiarism Derivative Work 349

Copyright Lately

OCTOBER 24, 2022

With tools like DALL·E 2 and Midjourney now able to produce unique, hyper-realistic images in a wide variety of different styles, the prospect of using these programs to create inexpensive set pieces and other artwork has suddenly become a viable option for all types of commercial productions.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

JD Supra Law

MARCH 20, 2024

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. The proposed rule, which the Copyright Office calls “GR2D,” would allow applicants to register up to ten.

Artwork 69

Artwork Publishing Registration Copyright 69

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Garrone subsequently contacted Koons several times (in 1997, 2007 and 2009) in order to obtain a declaration of authenticity from him and thus sell the artwork. Subsequently, the sculpture was shipped to Italy and held at customs in Milan.

Artwork 94

Artwork Moral Rights Art Litigation 94

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. The law of the copyrightability of AI-generated artwork is likely to continue to change, but the battle between new technology and old law will timelessly endure.

Artwork 98

Artwork Blogging Art Copyright 98

Plagiarism Today

DECEMBER 8, 2021

3: PokerPaint Boss Brett Butz in New Copyright Theft Row over Artwork NFTs. Now, just a few months later, PokerPaint is back in the spotlight for offering NFTs of some of that artwork and at least one photographer is claiming that it includes work he previously filed a cease and desist order on.

Cease and Desist 211

Cease and Desist Artwork Fair Use Plagiarism 211

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

Copyright 145

Copyright Artwork Registration Designs 145

JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. The ruling in Thaler v. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights and Director of the Office, and upheld the Copyright Office’s longstanding position that U.S.

Artwork 69

Artwork Registration Copyright Copyright Law 69

JD Supra Law

SEPTEMBER 11, 2023

Here at the TMCA, we have been covering an AI-related issue of particular interest to IP attorneys – the ongoing battle of Dr. Stephen Thaler to copyright artwork created by AI software. By: Dorsey & Whitney LLP

Artwork 63

Artwork Copyright Technology IP 63

JD Supra Law

MARCH 28, 2022

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We We previously wrote about Mr. Thaler’s unsuccessful attempt to obtain a patent naming an AI machine as the inventor.)

Artwork 98

Artwork Copyright Inventor Patent 98

IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration.

Copyright 145

Copyright Artwork Registration Publishing 145

JD Supra Law

MARCH 17, 2022

Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for registration indicated that the artwork was created "autonomously" by "a computer algorithm running on a machine.". Background - On February 14, 2022, the Review Board of the U.S.

Artwork 119

Artwork Copyright Registration 119

Plagiarism Today

NOVEMBER 22, 2022

Next up today, Hollie Geraghty at NME reports that the street artist Banksy is calling upon his nearly 12 million Instagram followers to shoplift from a London store following the unauthorized use of some of his artwork. ” Since then, the store has covered up the mural and posted security outside the shop.

Artwork 179

Artwork Music Reporting Plagiarism 179

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman.

Public Domain 127

Public Domain Copyright Artwork Intellectual Property 127

Plagiarism Today

JULY 28, 2021

Finally today, Jakob Thorington at the Post Register reports that, in Idaho, an Ammon-based business has filed a lawsuit against the nearby town of Rexburg over alleged copyright infringement of its child-friendly artwork and scenery.

Copyright Infringement 246

Copyright Infringement Derivative Work Artwork Licensing 246

JD Supra Law

SEPTEMBER 17, 2021

Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s. Luxury brands, like LVMH, are collaborating to develop the world’s first.

Non-Fungible Tokens 138

Non-Fungible Tokens Art Artwork Copyright 138

JD Supra Law

APRIL 24, 2024

In a high stakes trial for the tattoo industry, jurors were asked to decide whether a Kat Von D tattoo of Miles Davis infringed upon photographer Jeffrey B. Sedlik’s copyrighted photograph of the musician. A key aspect of the trial revolved around fair use and whether the tattoo was substantially similar to the copyrighted photograph.

Artwork 72

Artwork Fair Use Copyright 72

IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

Artwork 75

Artwork Art Government Trademark 75

IP Law 360

DECEMBER 11, 2023

Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

Artwork 122

Artwork Copyright Art 122

IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S.

Copyright 145

Copyright Artwork Ownership Registration 145

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

Artwork 122

Artwork Copyright Registration Public Domain 122

IP Watchdog

JANUARY 16, 2023

District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S.

Copyright 127

Copyright Artwork Law Technology 127

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool.

Artwork 226

Artwork Art Plagiarism Reporting 226

JD Supra Law

OCTOBER 29, 2021

Christies sold an NFT of digital artwork for $69 million. By now you may have heard about NFTs: the new cryptographic asset that is having a major impact in many industries and is likely to continue to do so for many years. By: Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Artwork 119

Artwork 119

The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand.

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

Non-Fungible Tokens 104

Non-Fungible Tokens Artwork Design Designs 104

JD Supra Law

MARCH 16, 2022

You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. So you bought an NFT. You probably paid for the NFT upfront—and if the artist is popular, you may have paid a substantial sum. By: Proskauer - Blockchain and the Law

Artwork 116

Artwork Ownership Copyright Law 116

JD Supra Law

SEPTEMBER 15, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 119

Art Copyright Artwork 119

Kluwer Copyright Blog

APRIL 22, 2024

VEGAP has announced that it has appealed this judgment.

Copyright 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i]

Registration 98

Registration Art Copyright Artwork 98

JD Supra Law

MARCH 1, 2022

On February 14, 2022, the Copyright Review Board denied registration for a two-dimensional artwork entitled “A Recent Entrance to Paradise.” What was notable about this artwork was that it was created by artificial intelligence (“AI”).

Registration 98

Registration Artwork Copyright Law 98

IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

Non-Fungible Tokens 105

Non-Fungible Tokens Artwork Designs Design 105

Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. However, only 19 of the claims (40%) involve photos–a lower percentage than I would have expected. Literary: 4. I definitely did not expect this many music and movie cases in the CCB.

Copyright 143

Copyright Artwork Music Blogging 143

IP Law 360

OCTOBER 12, 2022

Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use. A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S.

Fair Use 110

Fair Use Artwork Music Copyright 110