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A First Look at Copyright Claims Board (CCB) Filings

Technology & Marketing Law Blog

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. I definitely did not expect this many music and movie cases in the CCB. However, only 19 of the claims (40%) involve photos–a lower percentage than I would have expected.

Copyright 143
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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

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. Unicolors, Inc.

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[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

It concluded the design was primarily functional, so the toothbrush design was not entitled to design registration. The court (Justice Gautam Patel) reasoned that Section 15(2) only talks about designs, not artistic works and the Designs Act explicitly excludes artistic works from the definition of design. Countries like the U.S.

Designs 59
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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

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

The IPKat

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. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Picture of the cat courtesy by Arianna Antonelli.

Art 99
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[Part I] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Section 15(2) basically says: if an artistic work is applied to an industrial product and over 50 copies are made, the works copyright protection vanishes; the creator should have opted for a Designs Act registration instead. from its definition of design). This brings me to the end of the first part.

Designs 59
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Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI

LexBlog IP

In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. As these opinions are rendered, we hope a line will solidify definitively showing what is protectable. ’”) [2] Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence , 88 Fed.

Artwork 52