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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. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question.

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

The IPKat

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival.

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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

Is it a proper copyright ownership or an assigned license? There was almost no reference to ownership of training data that had come from parties other than the contractual partners. There was almost no reference to ownership of training data that had come from parties other than the contractual partners. user, service)?

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

Kluwer Copyright Blog

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. The preferred form of regulation in the NFT sector is code rather than copyright law.

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

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

Kluwer Copyright Blog

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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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.