LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. 1] See id.

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IPilogue

MARCH 18, 2022

Crown Copyright in Other Jurisdictions. Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. Section 176 of Australia’s Copyright Act, 1968 provides for Crown copyright for works created under the “direction or control” of the Crown.

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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] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.

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IIPRD

JANUARY 7, 2025

9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.

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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

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Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. ” One potential way (though not the only way) to do this is by looking to the Copyright Act for guidance. This is, after all, supposed to be a copyright case.

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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 is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. So there’s a lot of nuances out there. “We Have Struck a Nerve” That’s one way to put it.

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Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. Definitely. That would require a copyright transfer via a signed writing from Yuga.

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The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Copyright Lately

JANUARY 23, 2023

You might assume that the concept of a “derivative work” under copyright law would be simple to define. Sure, there’s a definition included in the 1976 Copyright Act itself, but barrels of ink have been spilled by copyright lawyers, scholars and judges trying to make sense of what it actually means. You’d be wrong.

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LexBlog IP

APRIL 23, 2023

copyright law, only works created by human authors are eligible for copyright protection. AI-generated material alone is not considered a work of authorship and cannot be protected under copyright law. Authorship and Human Contribution A. Human authorship requirement Under U.S. Joint Authorship A.

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LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. In its refusal of Thaler’s second request for reconsideration, the USCO reflected on decades of case law in both the Supreme Court and lower courts, as well as the Compendiums of U.S.

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LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Copyright Technology Artwork Fair Use 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

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SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.”

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43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” While the copper websites looked more similar, “most instances of resemblance arise out of the use of the allegedly copyright-protected photographs. Dastar definitively bars this kind of claim as to goods.

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LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

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Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. First , the Court confirmed copyright is personal property.

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Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The communication to the public right.

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CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

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CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

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Patently-O

APRIL 18, 2024

The parties have now filed their briefs, along with one law professor amicus brief in support of Thaler. Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” ” In August 2023, the district court granted summary judgment in favor of the Copyright Office.

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43(B)log

AUGUST 9, 2024

Codifying this definition is risky. Campbell took a holistic conception of fair use justifications and emphasized the importance of fair use to provide breathing space; courts must consider all factors together and weigh them in light of the ends of copyright law. Antitrust has a thicker definition. What about Congress?

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IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Copyright law protects and should continue to protect communicative and dialogical spaces.

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Kluwer Copyright Blog

JANUARY 21, 2025

order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed.

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Intepat

OCTOBER 28, 2024

These assets can be anything from digital artwork and trading cards to in-game items, all of which are bought and sold using cryptocurrencies. India’s Stand on NFT There is no law in India to regulate NFTs. The post Copyright Challenges with Non-Fungible Tokens appeared first on Intepat IP.

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