SpicyIP

MAY 18, 2022

In the US too, several companies are protecting their trademarks for similar goods and services. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 121

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. The Copyright Office denied protection for Jason Allen’s science-fiction themed artwork “Theatre D’opera Spatial,” which he created with an AI tool called “Midjourney.” Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

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”). Last year, Jason M. Therefore, Allen asserts the final work is eligible for copyright registration.

Art 120

Art Copyright Registration Fair Use 120

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

IIPRD

MARCH 5, 2025

Both artistic and technical information have been transforming lately about how to create in all industries. This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Copyright Office.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? Central Information Commission (CIC), overturned an order passed by the CIC pertaining to access a Ph.D. Other Posts Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 111

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. His “ creative inputs ” included about 624 text prompts and revisions of text prompts and the use of a photoshop software to remove flaws and to create new visual content.

Copyright 98

Copyright Registration Artwork Fair Use 98

43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

Art 59

Art Fair Use Marketing Marketing 59

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. Inputs When it comes to potentially infringing actions committed by the developers of AI tools, the most likely candidate is the initial scraping (i.e.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 3] Algorithms use existing information and art to learn to create novel looking pieces. [4] 4] There have been multiple legal questions raised in this realm recently.

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Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. According to information on its website , the study “ will collect factual information and policy views relevant to copyright law and policy. To conclude, AI is no longer a mere buzzword.

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Registration Copyright Law Artwork Copyright 64

LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? It can also cause a range of problems when it comes to determining who owns the rights to the artwork and how it can be used. Originality Copyright law requires that a work be original and have at least a minimal creative contribution in order to be protected.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

IP Tech Blog

SEPTEMBER 25, 2023

In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. For interested stakeholders, this comment period presents an opportunity to help shape this rapidly evolving area of the law. See Questions 6-14 of Notice.

Copyright 62

Copyright Technology Artwork Blogging 62

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 125

Copyright Art Copyright Law Licensing 125

LexBlog IP

SEPTEMBER 25, 2023

In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. For interested stakeholders, this comment period presents an opportunity to help shape this rapidly evolving area of the law. See Questions 6-14 of Notice.

Copyright 52

Copyright Technology Artwork Fair Use 52

LexBlog IP

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”). Last year, Jason M. Therefore, they dismissed this argument.

Art 52

Art Copyright Registration Fair Use 52

LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. The Copyright Office denied protection for Jason Allen’s science-fiction themed artwork “Theatre D’opera Spatial,” which he created with an AI tool called “Midjourney.”

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? It might be one reason that a use does not infringe.

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Trademark Law Law Trademark Registration 75

43(B)log

MAY 2, 2022

WGACA also advertises its products using a combination of its marks and the marks of all of the luxury fashion houses that it sells. It used Chanel marks and indicia, such as Chanel artwork and images of Chanel runway shows, in advertisements and displays featured in-store and on its webpages, social media, and direct-to-consumer emails.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Berline constructed it using egg shells from the scraps given to Jewish inmates as food and a wooden plate he found at the camp.

Art 105

Art Copyright Moral Rights Fair Use 105

43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. Is Google using TMs as marks? None of those were branding uses.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

JANUARY 21, 2025

Is Generative AI Fair Use of Copyright Works? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? OpenAI by Mira T.

Blogging 52

Blogging Copyright Copyright Infringement Copyright Law 52

LexBlog IP

APRIL 20, 2022

It has been noted as to the US Supreme Court’s requirement that it render before its summer break decisions in all cases argued in the current term and dispose of as many cert. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,” ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52