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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

s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Ehrich Bros.’s 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. When the U.S.

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Using that classic piece of art on a book cover: Grr…

The IPKat

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book.

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The EU imperative to a free public domain: The case of Italian cultural heritage

Kluwer Copyright Blog

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that? Place your bets!

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

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Book Review: Art and Copyright

The IPKat

Here is what Alexander has to say: It was a delight to learn last year that Simon Stokes, copyright solicitor at Blake Morgan in London, was working on a third edition of his eminently useful Art and Copyright. Much has changed in the world of copyright since the last edition was published in 2012.

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The Evolving Jurisprudence of Copyright in AI-Generated Works

IIPRD

This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Who owns the right to copy-authors, the programmer, the user, or the transmitter commissioning the work? Copyright Office. Assigning authorship in cases of autonomous AI raises its problems, too.