JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. copyright law only affords protection to works of human creation. The ruling in Thaler v.

Artwork 68

Artwork Registration Copyright Copyright Law 68

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. However, the ECJ has now rejected that complaint, saying that the law places clear limitations on the uses of such tools and that the law would have significant benefit for creators. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Music Art Artwork Copying 246

Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

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Registration Artistic Work Copyright Registering Trademarks 98

JD Supra Law

MARCH 17, 2023

and AI Artwork. To date, the Copyright Office has consistently rejected registration of works created using AI technology. This blog has covered artificial intelligence and copyright protection in the United States on a number of occasions, including It’s Alive? By: Dorsey & Whitney LLP

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Registration Artwork Copyright Blogging 98

SpicyIP

DECEMBER 15, 2023

student at National Law University, Delhi. Subject work on which copyright registration was sought. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim. What is the Artwork and How was it Created? What Did the USCO Order Say?

Artwork 58

Artwork Registration Artistic Work Derivative Work 58

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. Sarony carefully arranged the setting and Wilde’s pose, then selected from 27 images. 18 (see image at right).

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Artwork Blogging Art Copyright 98

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason? Let’s see how the Board reasoned. (Ir)relevance

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Artwork Copyright Registration Public Domain 124

JD Supra Law

MARCH 17, 2022

Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for registration indicated that the artwork was created "autonomously" by "a computer algorithm running on a machine.". Background - On February 14, 2022, the Review Board of the U.S.

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Artwork Copyright Registration 117

Technology & Marketing Law Blog

JULY 16, 2022

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. A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]. Literary: 4. I definitely did not expect this many music and movie cases in the CCB.

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Copyright Artwork Music Blogging 143

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. They are part fashion, part artwork, part branding and part character.

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Trademark Copyright Cease and Desist Copying 279

Technology & Marketing Law Blog

MARCH 7, 2022

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. Unicolors, Inc. Factual and Procedural Background.

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Registration Blogging Copyright Designs 98

Above the Fold

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

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Artwork Copyright Copyright Law Registration 52

IPilogue

FEBRUARY 16, 2023

Rosie Giannone is a 1L JD Candidate at Osgoode Hall Law School. Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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Trademark Artwork Registration Art 105

LexBlog IP

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).

Artwork 52

Artwork Copyright Copyright Law Registration 52

The IP Law Blog

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here:

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Blogging Registration Artwork Law 52

IP Law 360

MARCH 23, 2023

Copyright Office's partial cancellation of artificial intelligence artist Kris Kashtanova's registration for an AI-assisted comic book, the artist has submitted a new application for a different artwork produced by AI tool Stable Diffusion using Kashtanova's own hand-drawn art and other input. Following the U.S.

Artwork 52

Artwork Copyright Art Registration 52

LexBlog IP

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here:

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Blogging Registration Artwork IP 52

JD Supra Law

DECEMBER 20, 2023

While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth…. Copyright Office is forging ahead with new decisions that address the issue.

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Artwork Law Art Registration 70

JD Supra Law

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration for a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

Blogging 52

Blogging Registration Artwork IP 52

The IPKat

FEBRUARY 3, 2023

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. Creativity under Article 1 of Law No. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless.

Art 99

Art Copyright Artwork Editing 99

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. Aparajita is a lawyer based in Bangalore.

Non-Fungible Tokens 121

Non-Fungible Tokens Trademark Artwork Art 121

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied.

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Copyright Infringement Copyright Registration Copyright Law 98

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it.

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Non-Fungible Tokens Artwork Contracts 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. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Registration Fair Use 145

JD Supra Law

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration for a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

Blogging 40

Blogging Registration Artwork IP 40

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”). Allen did not agree to the request and continued to request copyright registration of the entire work. Last year, Jason M.

Art 120

Art Copyright Registration Fair Use 120

IIPRD

MARCH 5, 2025

Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

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Copyright Intellectual Property Copyright Law Artwork 52

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

DECEMBER 21, 2023

In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. Perlmutter , 2023 WL 5333236, which reasoned that the originator of a copyrightable work must be human to be protectable under the law. [1] Copyright law only protects the particular expression of an idea and not the idea itself.

Artwork 52

Artwork Derivative Work Copyright Editing 52

Intepat

SEPTEMBER 15, 2023

AI-Generated Art: Where Artistry Meets Algorithms Before diving into the intricacies of copyright registration /ownership, let’s set the stage by understanding the birth of AI-generated art. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously.

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Art Copyright Ownership Non-Fungible Tokens 105

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. Don’t Be Dumb Ape or Crypto Idiot. Think Before Your NFT Launch.

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Non-Fungible Tokens Artwork Licensing Branding 131

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. It cited its AI Registration Guidance, 88 Fed. Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

The IPKat

JANUARY 13, 2024

Nedim Malovic reported on the latest in the long line of cancellation actions directed at Bankys’s EU trade mark registrations representing his artworks - this time, the repeated application relating to one of his best known artworks, the 'Flower Thrower'.

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Artwork Registration Reporting Patent 72

SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Unlike the Thaler case, artist Jason Allen had applied for copyright registration of an AI-generated work ( Théâtre D’opéra Spatial ) naming himself as the author.

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Copyright Registration Artistic Work Artwork 115

LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Kashtanova had previously applied for and obtained an original copyright registration for the Work, Registration # VAu001480196. PatentNext Takeaway: The U.S.

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Registration Copyright Editing Artwork 52

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. The position will subsequently be examined in light of Indian law on the blog.

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Ownership Copyright Law Copyright Artwork 52

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. This article examines how Indian copyright law regulates these creative works, with a focus on recent case law and ongoing developments. Recent Case Law on Pseudonymous and Anonymous Works S. Ajay Kumar Goswami v.

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Copyright Moral Rights Ownership Publishing 52