JD Supra Law

MARCH 1, 2022

On February 14, 2022, the Copyright Review Board denied registration for a two-dimensional artwork entitled “A Recent Entrance to Paradise.” What was notable about this artwork was that it was created by artificial intelligence (“AI”).

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Registration Artwork Copyright Law 98

IP and Legal Filings

JULY 11, 2024

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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Registration Trademark Copyright Intellectual Property 105

JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. The ruling in Thaler v. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights and Director of the Office, and upheld the Copyright Office’s longstanding position that U.S.

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Artwork Registration Copyright Copyright Law 69

IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

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Plagiarism Today

NOVEMBER 2, 2022

Copyright Office Backtracks on Registration of Partially AI-Generated Work. Copyright Office has begun the process of revoking a copyright registration that was granted to the human author of a piece of artwork that was generated by artificial intelligence (AI). Kashtanova has 30 days to defend her registration.

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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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IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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Copyright Artwork Registration Designs 145

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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IP Watchdog

FEBRUARY 23, 2022

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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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 119

Plagiarism Today

JUNE 7, 2022

3: Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration. Previously, Thaler submitted the work A Recent Entrance to Paradise to the USCO for a copyright registration. Previously, Thaler submitted the work A Recent Entrance to Paradise to the USCO for a copyright registration.

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Technology & Marketing Law Blog

AUGUST 2, 2023

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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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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Plagiarism Today

SEPTEMBER 26, 2022

First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

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IP Watchdog

SEPTEMBER 8, 2023

Copyright Office published a decision denying registration of a work created using the generative artificial intelligence (GAI) system, Midjourney, highlighting the complexities such technology is introducing to the U.S. copyright system. The decision issued this week found that Jason M.

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Registration Copyright Artwork Publishing 72

Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

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Music Artwork Art Copying 208

Hugh Stephens Blog

NOVEMBER 2, 2024

Allen (not protected by copyright) Last week I wrote about Stephen Thaler’s quixotic and determined approach to obtain copyright registration in the US for his AI generated artwork, “A Recent Entrance to Paradise”, created (he claims) exclusively by his AI “machine”, the so-called Creativity Machine.

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Copyright Artwork Registration 100

IP Watchdog

SEPTEMBER 26, 2024

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

Copyright 98

Copyright Artwork Registration Publishing 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

Patently-O

NOVEMBER 24, 2024

Stephen Thaler, creator of the ‘Creativity Machine’ AI system, sought copyright registration for an AI-generated image, listing the Creativity Machine as author. After two failed requests for reconsideration, Thaler sued to compel registration.

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Art Artwork Registration Copyright Law 96

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.

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Plagiarism Today

JANUARY 3, 2023

We saw similar backlashes on DeviantArt and many sites, such as Getty Images, have banned AI artwork for the time being. It’s ruled that AI-generated content does not qualify for copyright protection and that any use of AI in a work needs to be disclosed when filing a registration so that material can be excluded.

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Plagiarism Copyright Content Creation Artwork 316

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”).

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Artwork Copyright Copyright Law Registration 52

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. However, only 19 of the claims (40%) involve photos–a lower percentage than I would have expected. 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

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. Legal Background: Registration. Unicolors, Inc.

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Registration Blogging Copyright Designs 98

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. street artist Banksy.

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Trademark Artwork Registration Art 105

Plagiarism Today

AUGUST 18, 2021

At least five of those lawsuits were dismissed by March 2019 due to the lack of a proper copyright registration. While it is true that Fortnite: Imposters is a 3D game where Among Us is two-dimensional, the cartoonish artwork of both, the similar maps, the nearly identical structure and other similarities make the two games feel very similar.

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Plagiarism Copying Artwork Copyright Infringement 246

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

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Non-Fungible Tokens Trademark Artwork Art 122

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

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 IP 52

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

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Blogging Registration Artwork IP 52

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. They are part fashion, part artwork, part branding and part character. Trademark infringement, however, isn’t like copyright. Bottom Line.

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Copyright Trademark Cease and Desist Copying 252

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. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Picture of the cat courtesy by Arianna Antonelli.

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IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

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LexBlog IP

DECEMBER 21, 2023

In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. ’”) [2] Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence , 88 Fed. At *4 (“By its plain text, the 1976 Act. Must that originator be a human being to claim copyright protection?

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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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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.

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