IP Intelligence

APRIL 24, 2023

Although the Copyright Office’s official guidance on whether you can be the author of AI output is a solid “maybe? Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. This creates a major problem.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 102

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

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SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

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Intepat

FEBRUARY 19, 2025

Introduction The principle of the first sale doctrine is a basic precept of copyright law allowing the lawful possessor of a copyrighted work to resell, lend, or distribute that work without the permission of the copyright holder. 106, which grants copyright owners the exclusive right to reproduce their works. ReDigi Inc.

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IP and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. However, the information used for the purpose of training AI models belongs to third parties and, therefore, can be copyrighted or protected by patents.

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Intellectual Property Designs Design Licensing 101

Technology & Marketing Law Blog

FEBRUARY 17, 2022

In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling. Emojis are an excellent device for trolling campaigns because they inevitably look alike and copyright law provides many powerful tools to copyright owners. Some Related Blog Posts. Are Individual Emoji Depictions Copyrightable?

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Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. And that is a specific, important phrase in copyright law.

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IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. copyright law, a particularly confusing subject for foreign works published before 1978. copyright law. publications of the translated work, which lacked both registration and copyright notice in Scott-Giles’ name.

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law? Figure 1 – Microsoft Copilot reproducing an excerpt of a copyright-protected work.

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Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? An assignment is, in spirit, a transfer of ownership, even if it is partial. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party.

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Technology & Marketing Law Blog

FEBRUARY 13, 2025

White created “beats” and got copyright registrations for them. White now claims that DistroKid infringed his copyrights to the beats, both directly and indirectly (the court dismissed the indirect claims last year). First, oral copyright licenses are a recipe for trouble. Ugh, so much going wrong here.

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Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. This article examines how Indian copyright law regulates these creative works, with a focus on recent case law and ongoing developments.

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Copyright Moral Rights Ownership Publishing 52

The IPKat

JANUARY 23, 2022

Although a bleak winter week, the IPKat is here to warm you up with tales of interesting posts from the IP blogs. The summary was published via the Kluwer Copyright Blog. The figures provide interesting data and the Kluwer Copyright Blog provides its commentary. Is overblocking real? Crabtree v. Crabtree v.

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Blogging IP Copyright Reporting 84

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 31. Not all was lost, however.

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SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?

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Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

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IPilogue

MAY 18, 2022

This blog was prepared as a requirement for the Directed Reading: IP Innovation Program course, taught by Prof. If so, should those works be protected by copyright? And who would own that copyright? . Response from Copyright-granting bodies. Pina D’Agostino. Artificial Intelligence (AI) technologies prevail all around us.

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Intepat

SEPTEMBER 15, 2023

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.

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Intepat

DECEMBER 18, 2024

Yet, the rapid rise of podcasting has left many creators overlooking critical legal considerations specific copyright licensing. This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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SpicyIP

MARCH 8, 2025

The SWA is a trade union of screenwriters and lyricists, which is not to be confused with the recently registered Screenwriters Rights Association of India (SRAI), which is a copyright society. Under Section 2(d) of the Copyright Act , each of these contributors is recognized as an “author” of their respective work.

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IP and Legal Filings

SEPTEMBER 11, 2024

While traditional copyright protects human-authored works, the lack of a singular human creator in AI-powered music throws a wrench in the system. [1] 1] This Paper explores the potential justifications for and against copyright protection for music composed by artificial intelligence (“AI”).

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Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab.

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IIPRD

MARCH 5, 2025

However, this gives a grand legal question: who has the right to copyright AI-created works? This has to do with the application of copyright to works made through AI. 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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Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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Copyright Copyright Law Business Intellectual Property 125

The IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

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Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it might surprise you, copyright can protect individual emoji depictions. However, determining when they are copyrightable is a subtle art. This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Note: you may not have heard of the Copyright Review Board before.

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IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

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Copyright Intellectual Property Ownership Fair Use 98

Technology & Marketing Law Blog

APRIL 8, 2025

Viral DRM is a copyright enforcement agency focused on extreme weather videos. The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. I didnt take the time to trace if any of these 8 are the detritus of the cases I previously blogged about. BONUS 2: Hyphy Music, Inc.

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Nelligan Law

NOVEMBER 22, 2023

Amidst the summer glow and quaint townscapes, the convergence of reality and reel world poses an intriguing question: Can Hallmark claim ownership over a recipe that brings forth wintry magic, despite the fake snow and sunny filming days? I must admit, I’m shamelessly addicted to Hallmark movies, much to my family’s entertainment.

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Kluwer Copyright Blog

APRIL 17, 2024

In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity.

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SpicyIP

SEPTEMBER 15, 2021

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the copyrightability of unique sports celebrations. His previous guest post on the blog can be viewed here. Tracing The Contours of Copyrightability of ‘Unique Sports Celebrations’. The need for copyrightability of sports celebrations.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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SpicyIP

MAY 23, 2022

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act. The post is co-authored by Akshat Agrawal and Sangita Sharma.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

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