Artwork, Copyright Law and Registration - Intellectual Property Pulse

Copyright Registration in India

IP and Legal Filings

AUGUST 6, 2024

For writers, artists, musicians and other creators in India, knowing how to register their copyrights can be a valuable asset. This guide explores the process, benefits, and key points about copyright registration in India. It server the purpose of establishing the entire information as to the importance of copyright protection.

Registration

Registration Copyright Intellectual Property Artistic Work

U.S. District Court Rules that AI-Generated Artwork is Not Eligible for Copyright Registration

JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. 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

Artwork Registration Copyright Copyright Law

3 Count: Polish Rejection

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Have any suggestions for the 3 Count?

Music

Music Art Artwork Copying

A.I. Artwork Not Copyrightable

Above the Fold

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

Artwork

Artwork Copyright Copyright Law Registration

A.I. Artwork Not Copyrightable

LexBlog IP

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

Artwork

Artwork Copyright Copyright Law Registration

Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

Trademark

Trademark Artwork Registration Art

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration.

Registration

Registration Blogging Copyright Designs

Digital art protectable under copyright? Yes, says the Italian Supreme Court

The IPKat

FEBRUARY 3, 2023

The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse. The Court of Genoa held that the architect was the author of the work and that RAI had infringed her copyright. Creativity under Article 1 of Law No.

Art

Art Copyright Artwork Editing

The Evolving Jurisprudence of Copyright in AI-Generated Works

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Office. Copyright Act regulates the works which are created by humans only.

Copyright

Copyright Intellectual Property Copyright Law Artwork

Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. Unicolors appealed this decision to the U.S.

Copyright Infringement

Copyright Infringement Copyright Registration Copyright Law

Artifical Intelligence Vis-À-Vis Ownership and Authorship Right under Copyright Law

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process.

Ownership

Ownership Copyright Law Copyright Artwork

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. It cited its AI Registration Guidance, 88 Fed.

Copyright

Copyright Copyright Law Artistic Work Artwork

Who Owns the Copyright in AI-Generated Art?

Intepat

SEPTEMBER 15, 2023

AI-Generated Art: Where Artistry Meets Algorithms Before diving into the intricacies of copyright registration /ownership, let’s set the stage by understanding the birth of AI-generated art. To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright.

Art

Art Copyright Ownership Non-Fungible Tokens

US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

FEBRUARY 17, 2022

Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

Copyright

Copyright Artistic Work Copyright Law Contracts

Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication.

Copyright

Copyright Moral Rights Ownership Publishing

Fatal Mistakes Made By The ‘Bored Ape Yacht Club’ & ‘Crypto Punks’ NFT Projects

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law.

Non-Fungible Tokens

Non-Fungible Tokens Artwork Licensing Branding

The Briefing by the IP Law Blog: Copyright Office Goes After Registration Issued to AI-Created Graphic Novel

The IP Law Blog

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging

Blogging Registration Artwork Law

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright

Copyright Art Registration Fair Use

Copyright Laws & Trademark Infringement for NFTs

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.). Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Law Trademark Copyright

Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI

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. At *4 (“By its plain text, the 1976 Act.

Artwork

Artwork Derivative Work Copyright Editing

AI and copyright: More developments – human prompts are not ‘direct instructions’

SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

Copyright

Copyright Registration Artistic Work Artwork

U.S. Copyright Office Partially Allows Registration of Work having AI-generated Images (“Zarya of the Dawn”)

LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Copyright Office’s original review and subsequent findings Ms. PatentNext Takeaway: The U.S. On September 15, 2022, she submitted the Work to the U.S.

Registration

Registration Copyright Editing Artwork

Award-Winning AI Art Not Copyrightable

The IP Law Blog

SEPTEMBER 14, 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”). As a result, the examiner asked Allen to disclaim or exclude from his copyright claim the portions of the work generated by AI.

Art

Art Copyright Registration Fair Use

US Copyright Office and AI: Notice of Inquiry and the Théâtre D'opéra Spatial case

The IPKat

SEPTEMBER 27, 2023

The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. Midjourney The Work On 21 September 2022, Mr Jason Allen applied for copyright registration before the USCO naming himself as the author.

Copyright

Copyright Registration Artwork Fair Use

Copyright and Artificial Intelligence in Music Creation

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”.

Music

Music Copyright Ownership Copyright Law

U.S. Artificial Intelligence Notice of Inquiry – deadline extension

Kluwer Copyright Blog

NOVEMBER 26, 2023

copyright subsists automatically in an original qualifying work. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office. Copyright Office and the U.S.

Registration

Registration Copyright Law Artwork Copyright

New Generative AI Copyright Disclosure Act of 2024 Introduced

BYU Copyright Blog

APRIL 29, 2024

New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. House of Representatives concerning Artificial Intelligence and Copyright Law. 349 (1884).

Copyright

Copyright Registration Artwork Copyright Law

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright

Copyright Art Copyright Law Licensing

Generative AI, Copyright and the AI Act

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.

Copyright

Copyright Copyright Law Fair Use Law

Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright?

Designs

Designs Design Copyright Copyright Infringement

Artificial intelligence, machine learning and creativity in visual art: what are the protectability requirements? Part 2: the US Thaler vs Perlmutter case

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. After its creation, he attempted to register this work with the Copyright Office. Copyright Office, Compendium of U.S. Hence and copyright law was therefore not designed to reach them. 102(a) ; U.S.

Art

Art Copyright Registration Artwork

Do You Have a Lawyer Who Understands the Internet?

Traverse Legal Blog

APRIL 6, 2021

ICANN, which is the Internet Corporation for Assigned Names and Numbers, and the registration of domain names, controlled by registries and sold through registrars to registrants, are complex facets of the internet. You’re going to need a copyright law attorney to help you out.

Copyright Infringement

Copyright Infringement Artwork Copyright Law Business

SpicyIP Weekly Review (September 4- September 10)

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v.

Registration

Registration Trademark Copyright IP

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Provisions of intellectual property law will be applicable to NFTs. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Tax is imposed on digital commodities in addition to the registration requirements for electronic systems.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

IP

IP Intellectual Property Social Media Cease and Desist

Stop, thief! How to win big in a copyright infringement case

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

Copyright Infringement

Copyright Infringement Artwork Copyright Registration

Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

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.

Artwork

Artwork Copyright Editing Ownership

[Guest post] Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth.

Trademark

Trademark Artwork Social Media Trademark Law

Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. Unicolors appealed this decision to the U.S.

Copyright Infringement

Copyright Infringement Copyright Registration Copyright Law

ChatGPT and the Underlying Copyright Malady

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. ChatGPT is a chatbot, i.e. a computer program that simulates human conversation, by means of AI and natural language processing. But under Sec.

Copyright

Copyright Copyright Law Ownership Copyright Infringement

U.S. Copyright Guidelines for Works Containing AI-Generated Material

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Authorship and Human Contribution A.

Copyright

Copyright Intellectual Property Derivative Work Editing

(c), TM, and other claims from busted partnership to sell colored copper fixtures

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising

False Advertising Ownership Registration Design

Paradise Lost: Human Involvement Still Required for “Creativity Machine’s” Work

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.

Copyright Law

Copyright Law Copyright Technology Registration

Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

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.

Ownership

Ownership Contracts Confidentiality Copyright

Copyright Registration in India

U.S. District Court Rules that AI-Generated Artwork is Not Eligible for Copyright Registration

Trending Sources

3 Count: Polish Rejection

A.I. Artwork Not Copyrightable

A.I. Artwork Not Copyrightable

Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Digital art protectable under copyright? Yes, says the Italian Supreme Court

The Evolving Jurisprudence of Copyright in AI-Generated Works

Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake

Artifical Intelligence Vis-À-Vis Ownership and Authorship Right under Copyright Law

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Who Owns the Copyright in AI-Generated Art?

US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

Copyright Regulation for Pseudonymous, Anonymous, and Related Creative Works in India

Fatal Mistakes Made By The ‘Bored Ape Yacht Club’ & ‘Crypto Punks’ NFT Projects

The Briefing by the IP Law Blog: Copyright Office Goes After Registration Issued to AI-Created Graphic Novel

AI and copyright in 2022

Copyright Laws & Trademark Infringement for NFTs

Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI

AI and copyright: More developments – human prompts are not ‘direct instructions’

U.S. Copyright Office Partially Allows Registration of Work having AI-generated Images (“Zarya of the Dawn”)

Award-Winning AI Art Not Copyrightable

US Copyright Office and AI: Notice of Inquiry and the Théâtre D'opéra Spatial case

Copyright and Artificial Intelligence in Music Creation

U.S. Artificial Intelligence Notice of Inquiry – deadline extension

New Generative AI Copyright Disclosure Act of 2024 Introduced

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Generative AI, Copyright and the AI Act

Copyrightability Of Designer Clothes And Costumes

Artificial intelligence, machine learning and creativity in visual art: what are the protectability requirements? Part 2: the US Thaler vs Perlmutter case

Do You Have a Lawyer Who Understands the Internet?

SpicyIP Weekly Review (September 4- September 10)

Protection of Nonfungible Tokens in Indonesia

2023 IP Resolutions Start with a Review of IP Assets

Stop, thief! How to win big in a copyright infringement case

Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

[Guest post] Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?

Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake

ChatGPT and the Underlying Copyright Malady

U.S. Copyright Guidelines for Works Containing AI-Generated Material

(c), TM, and other claims from busted partnership to sell colored copper fixtures

Paradise Lost: Human Involvement Still Required for “Creativity Machine’s” Work

Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Stay Connected