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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Art Copyright Ownership Non-Fungible Tokens 105

Intepat

FEBRUARY 17, 2021

The copyright law in India states that an author is an individual who creates a work that can be authored and is the sole owner of the work, at the first instance at least. The courts in India haven’t quoted a proper definition of the subject matter of Joint Authorship. The doctrine of Joint Authorship.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

43(B)log

AUGUST 11, 2022

So if you bring kids up speaking this language, you will definitely have lost control.] In most cases, the spouse doesn’t contribute copyrightable creativity. Argument: spouse’s contribution should not be seen through copyright law but through family law. If public function, no, but if private, yes.

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Ownership Moral Rights Copyright Branding 80

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

Kluwer Copyright Blog

APRIL 2, 2025

This decision has significant implications for copyright practice in New Zealand, and jurisdictions with similar regulatory frameworks for IP and family property (like the United Kingdom ). Because economic rights can be assigned, copyright has a value realisable in money. Doing so would not deter creativity. Toriqul Islam 135

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Copyright Moral Rights Artwork Licensing 52

Kluwer Copyright Blog

NOVEMBER 5, 2024

The choice not to define computer programs was intended precisely to futureproof the law. At the EU level, there is no definition of a computer program. US copyright law defines it as “ a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.”

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Copyright Designs Design Copyright Law 72

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The definition of the concept of ‘cable transmission’ was at the centre of the analysis. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Music 64

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

Music 103

Music Copyright Ownership Copyright Law 103

IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. As AI-generated works blur the lines of authorship and ownership, existing IP frameworks face significant tests, calling for responsive legal adaptations.

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IP Intellectual Property Invention Inventor 98

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US. Making the case for copyright.

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Copyright Artistic Work Copyright Law Law 126

IPilogue

MARCH 18, 2022

Crown Copyright in Other Jurisdictions. Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. Section 176 of Australia’s Copyright Act, 1968 provides for Crown copyright for works created under the “direction or control” of the Crown.

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Government Copyright Ownership Copyright Law 119

Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

The IPKat

FEBRUARY 3, 2023

First, an original work can be protected by copyright law only if it meets two requirements: - originality, i.e., objective novelty compared to creative works or segments of previous creation; - creativity. Creativity under Article 1 of Law No. Here are the main points of the decision.

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Art Copyright Artwork Editing 99

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Inventor Invention IP Ownership 122

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.”

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Copying Ownership Derivative Work Contracts 98

SpicyIP

JANUARY 5, 2025

Considering the above, it is clear that both the BTS and the movie fall under the definition of the Cinematograph film as provided in the Copyright Act. De-Minimis or de minimis non curat lex is a legal principle that discounts minor or trivial violations of law. This principle has also gained significance under Copyright law.

Copyright 64

Copyright Copyright Infringement Reporting IP 64

Copyright Lately

NOVEMBER 21, 2021

NFTs Are Not Copyrightable. The confusion only seems to increase when you introduce copyright into the mix. Again, NFTs are just an ownership record and a link to content. If they don’t embed an underlying asset, they likely don’t even fall within the subject matter of copyright. Publication vs. Merchandise?

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

The IPKat

DECEMBER 13, 2022

[For this Kat, it is a question of whether DJs should pay for all uses of music or whether the context should determine who pays for the DJs’ use of music] Source: Pinterest In April , the then President of Kenya, Uhuru Kenyatta assented to the Copyright Amendment Bill 2021 which has now become the Copyright (Amendment) Act No 14 of 2022.

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Copyright IP Music Ownership 122

Kluwer Copyright Blog

JANUARY 5, 2023

But if we try to solve the issue of ownership and decide on who should hold the heritage that has not disappeared and that is still around, 3D digitisation is actually not that helpful, and it would be insensitive to even question if any country would give up on the repatriation requests if they were given a digital copy.

Copying 72

Copying Copyright Ownership Intellectual Property 72

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

IPilogue

FEBRUARY 21, 2022

The scholars acknowledged the government’s commitment to “keep pace” with technological developments in AI while protecting the public interest through Federal statute (the Copyright Act ). Authorship and Ownership of Works Generated by AI.

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Government Copyright IP Intellectual Property 111

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Copyright Ownership of Movies and Films in Canada: Who’s on First? Trademark Law.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

IP and Legal Filings

JANUARY 24, 2023

Even though no legal definition has been ascribed to the term as of yet, but broadly it is perceived as the ability of the machines to perform work which require human intelligence. [1] 8] Who Owns The Copyright In Ai? Hence, the trainer also has strong claims for ownership of AI. [10] 539 [5] [1964] 1 All ER 465 [6] 499 U.S.

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. MGM Domestic Television Distribution, LLC , 39 F.4th

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Music Blogging Copyright Ownership 105

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 72

Music Copyright Derivative Work Ownership 72

Kluwer Copyright Blog

NOVEMBER 24, 2022

A key goal of the analysis is the reconciliation of the structure and legal tests applied in copyright law with the way authorial creativity develops as a process. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership. What is it? What does it do?

Copyright 95

Copyright Intellectual Property Moral Rights Ownership 95

Kluwer Copyright Blog

DECEMBER 6, 2023

Book publishers followed closely the adoption of this legislation as the vast majority of its provisions concern them directly, from new copyright exceptions to contractual rules between authors and their partners. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Copyright Publishing Marketing Marketing 122

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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Derivative Work Copyright Settlement Reporting 104

SpicyIP

SEPTEMBER 15, 2021

Copyright safeguards also encourage the top-flight playmakers or shot-stoppers to inject an innovative originality within their victory dances thereby increasing the thrill of the sport and advancing the enthusiastic involvement of the spectators, all of which furthers the broader vision of the copyright law, i.e., of public welfare.

Copyright 126

Copyright Marketing Marketing IP 126

LexBlog IP

AUGUST 31, 2023

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. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

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. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Definitely. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers. The warning signs were all there. You Own the NFT.

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Derivative Work Licensing Artwork Contracts 91

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31.

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