Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm.

Copying 52

Copying Fair Use Copyright Law Copyright 52

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. 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. Aparajita is a lawyer based in Bangalore.

Non-Fungible Tokens 121

Non-Fungible Tokens Trademark Artwork Art 121

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.

Copyright 145

Copyright Art Registration Fair Use 145

Kluwer Copyright Blog

MAY 9, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. As a counterpoint, some commentators note that these tools benefit many artists and content creators, whose interests should be considered when regulating how copyright law tackles these technologies.

Copyright 138

Copyright Copyright Law Fair Use Law 138

IIPRD

MARCH 5, 2025

This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. This decision manifests the country’s readiness to bring about legal modifications to incorporate modern technological changes and enhance AI innovation. Copyright Office.

Copyright 52

Copyright Intellectual Property Copyright Law 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.

Blogging 111

Blogging Social Media Television Fair Use 111

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? Other Posts Navigating Personality Rights Does Fame Have a Trade-Off? Are personality rights reserved only for the ultra-famous and elite? The mark or device of respondent no.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

Copyright Lately

JANUARY 23, 2023

With a proper understanding of the technology, we can see that the complaint’s repeated description of Stable Diffusion as a “21st-Century collage tool,” while perhaps catchy, simply isn’t accurate. (If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.)

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. Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

JULY 24, 2024

Google , Meta and now even Apple have integrated foundation model technology into their lead products, albeit not without controversy. Unusually, DeepL , an AI translation service, did ‘not assume any copyrights to the translations made by Customer using the Products’.

Copyright 135

Copyright Ownership Social Media Licensing 135

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

However, nowadays due to the advancement of technology photographs by different photographers are made available to a worldwide audience through the internet. There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. Emphasis added.)

Copyright 62

Copyright Technology Artwork Blogging 62

Kluwer Copyright Blog

NOVEMBER 26, 2023

The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. In the U.S., Sarony, 111 U.S.

Registration 64

Registration Copyright Law Artwork Copyright 64

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

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

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. ” (Emphasis added.)

Copyright 52

Copyright Technology Artwork Fair Use 52

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

OCTOBER 3, 2023

And will this bedrock principle be limited to generative AI, or may it lead to revisiting copyright protection for other technologies where creative decisions are left to machines? On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

IIPRD

JUNE 9, 2024

Any physical device that can improve the virtual experience and blend the virtual world with the real world can get a patent, for example, headsets, cameras, haptic gloves, scanning sensors, AR and VR Technology, etc. Hermès claimed that Rothschild’s digital artworks infringed upon its legally protected intellectual property rights.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

IP Tech Blog

JUNE 8, 2023

Under Rogers , use of another’s trademark in an expressive work might not pass muster if the challenged use has no relevance to the underlying work or where it expressly misleads as to the source or content of the work. cannot include. every parody or humorous commentary.” 22-148, 2023 WL 3872519 (U.S. June 8, 2023).

Branding 57

Branding Brands Branding Trademark 57

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. Brand owners have already begun to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. .” Brand owners have already begun to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

JULY 16, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? This has led to increasing calls for transparency requirements.

Blogging 52

Blogging Law IP Fair Use 52

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. The Metaverse comprises various technologies, each with its own IPR implications.

Trademark 52

Trademark Ownership Branding Branding 52

LexBlog IP

JUNE 8, 2023

The Court gave several examples that would be permitted under Rogers , including the use of “Barbie Girl” as a song title, the use of a trademarked football uniform in artwork, and references to Louis Vuitton in a film. cannot include. every parody or humorous commentary.”

Branding 52

Branding Brands Branding Trademark 52

IIPRD

FEBRUARY 25, 2022

It is no news that cryptocurrency and blockchain technology have taken over the sphere of digital currency. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Introduction. Tokenisation and Ownership of Digital Assets under NFTs. IP Implications under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IIPRD

JANUARY 18, 2022

Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungible tokens (“NFTs”) had taken place. Without a doubt, the raging fires of NFTs have sparked a burning yearning in the fashion sector for blockchain technology. Introduction. What are NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 93

Artwork Copyright Infringement Copyright Art 93

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

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022). 569 (1994).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

IPilogue

NOVEMBER 30, 2022

Implementing AI technology in society requires complex interdisciplinary engagement between engineers, social scientists, application area experts, policymakers, users, and impacted communities. 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

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.

Copyright 52

Copyright Blogging Copyright Infringement Copyright Law 52