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Trademark Refusal & Copyright Registration Differences

IP and Legal Filings

Geographically Descriptive Terms: It is important to note that trademarks that include words that are geographically descriptive (like names of cities or countries) will not be eligible for registration if they create the impression that the products or services originating from other places are originating from the mentioned geographical location.

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Artifical Intelligence Vis-À-Vis Ownership and Authorship Right under Copyright Law

IP and Legal Filings

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.

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Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

The United States Copyright Office has clarified the requirement for human authorship in generative AI through various decisions that rejected copyright registration for AI-generated works, each varying in human involvement. Despite this, the Office denied copyright registration for the AI-generated images.

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Thaler Loses AI-Authorship Fight at U.S. Copyright Office

IP Watchdog

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Thaler filed an application to register the computer-generated work, “A Recent Entrance to Paradise,” on November 3, 2018.

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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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Who Owns the Copyright in AI-Generated Art?

Intepat

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

LexBlog IP

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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