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. Leaving the law aside, generative AI triggered some backlash in 2022.

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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. 16,190, 16,192 (Mar. 16, 2023) (quoting U.S.

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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

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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Dear Rich IP Blog

AUGUST 3, 2022

If we consider the four fair use factors , the first factor, the purpose and character of the use, weighs in favor of fair use because your book is for purposes such as criticism, comment, reporting, and teaching, all reasons provided in the notes to the fair use statute. Architectural copyright. See DeFontbrune v.

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Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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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.,

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IIPRD

JANUARY 7, 2025

This free availability of the created content will pose a serious threat to the different industries and businesses using artificial intelligence in running their business, thus law needs to be made in light of this situation.

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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. Currently, the U.S.

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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the U.S. Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Copyright Office launched a study to examine the copyright law and policy issues raised by generative AI.

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Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. This is, after all, supposed to be a copyright case.

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The IPKat

SEPTEMBER 27, 2023

The USCO underlined again the importance of the “ human authorship ” requirement and stated that applicants must bear the duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contribution to the work.

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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. That would require a copyright transfer via a signed writing from Yuga.

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

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Kluwer Copyright Blog

APRIL 8, 2024

Several possible causes of overfitting have been reported in the literature : high complexity of the AI model, leading it to mould too closely to the training data; limited training data; and too much noisy data, affecting the model’s ability to distinguish relevant information – a signal – from the irrelevant – a noise.

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LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

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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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Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

The court held that out of all the photographs appropriated by Prince, 25 of them fell into the exception of fair use under the copyright law as the artworks made by Prince had different expressions and meanings from the original photographs of Cairou and copyright protection is granted only to expressions of ideas and not to the ideas.

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IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? It will focus on the s.10(3)

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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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LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] According to the mediator’s report, an in-person mediation occurred on October 13, 2022, but the matter did not settle. [6] 6] Mediator’s Report, Morford v. July 6, 2022). [5]

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Traverse Legal Blog

OCTOBER 20, 2022

A few examples of what may be considered fair use includes: teaching, journalistic reporting, criticism, comment, or research. Fair use applies to any copyrighted intellectual property, that can include digital files (images, videos, artwork, documents, audio files, etc) linked from non fungible tokens.

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IP and Legal Filings

AUGUST 13, 2022

One of the websites tracking NFT sales reported that the total number of sales made within a week varies from 15,000 to 50,000. This paper attempts to analyse the present laws governing the trading of NFTs over the public ledger and the loopholes in those regulations that could have significant legal implications.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. ‘AI 5, who was still found to be manufacturing the impugned products.

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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”). Under the Indian Copyright Act , such works are classified as “computer generated works”. iii] This is, admittedly, old news.

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SpicyIP

OCTOBER 9, 2022

Such works qualify as ‘computer generated works’ under the Indian Copyright Act. For such works, copyright law confers authorship to the “person who causes the work to be created”. The Indian Copyright Office is also unsure how to deal with such applications. This copyright office granted registration in this case.

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IPilogue

JUNE 13, 2022

Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. This recommendation would still require artists to verify the results and report an infringement to marketplaces.

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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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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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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. 17 U.S.C. §

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43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Feist cites INS for proposition that the “news element” is not the creation of the writer but the report of the history of the day which is public property. Feist cites INS v.

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