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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

Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. The law of the copyrightability of AI-generated artwork is likely to continue to change, but the battle between new technology and old law will timelessly endure.

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

Kluwer Copyright Blog

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 125
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Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

Often such audience, who can easily access any photograph, use these photographs after making certain modifications to them through photo-editing software like Photoshop, Adobe and many other photo modification tools. The post Copyright Infringement in edited photographs appeared first on Biswajit Sarkar Blog.

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

Kluwer Copyright Blog

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

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[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

The IPKat

The notes further state that “ the 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9 ”. The EUIPO also clarifies that “ for the Office, the term non fungible tokens on its own is not acceptable.