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.

Ownership 80

Ownership Moral Rights Copyright Branding 80

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.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

The IPKat

JANUARY 24, 2023

Copyright law, with its protection of materials ranging from literary, musical and artistic works to cinematograph films and computer programs, etc. Access, within the field of copyright law, is a question of ownership, authorisation or exception. organises access to some or even most of these resources.

Government 135

Government Ownership Copyright Law Copyright 135

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 115

Copyright Copyright Law Business Intellectual Property 115

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.”

Copying 83

Copying Ownership Derivative Work Contracts 83

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.

Art 127

Art Copyright Artwork Editing 127

Intepat

OCTOBER 28, 2024

NFTs are unique digital tokens that represent ownership of specific digital assets. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. The NFT is a form of representation of the copyrighted work and is not the actual work.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

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

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

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 63

Copying Copyright Ownership Intellectual Property 63

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 135

Copyright Copyright Law Fair Use Law 135

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.”

Copyright 63

Copyright Designs Design Copyright Law 63

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

Music 101

Music Blogging Copyright Ownership 101

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

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 63

Music Copyright Derivative Work Ownership 63

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.

Inventor 122

Inventor Invention IP Ownership 122

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.

Copyright 118

Copyright IP Music Ownership 118

LexBlog IP

APRIL 28, 2023

One of the primary legal concerns is related to copyright – both in terms of protecting the work generated and the concern of infringing someone else’s work. Copyright law protects original works of authorship, including literary works like blog articles. Many are concerned with the potential for plagiarism.

Content Creation 52

Content Creation Plagiarism Blogging Ownership 52

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 94

Copyright Intellectual Property Moral Rights Ownership 94

SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Velocity of Content

AUGUST 13, 2024

However, adopting a more systematic program of creating or adapting curriculum materials for an entire district or school highlights some important questions about schools’ and school districts’ rights and obligations under copyright law. Clarification of ownership of teacher-developed materials.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

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 126

Copying Non-Fungible Tokens Contracts Copyright 126

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Ownership of Copyright. Corel Corp.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

JULY 20, 2022

Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. At least for the copper website and the brochure, the delay in registration could prevent any presumption of ownership based on the prima facie validity of the registration.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

SEPTEMBER 22, 2023

The book which is presented in four (4) parts and a total of 25 chapters touches on many areas of IP law taking into account the developments in both domestic and international IP frameworks. Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Law IP 78

The IPKat

FEBRUARY 12, 2024

Is copyright movable property under Nigerian law? Before the enactment of the new Act, the status of copyright as movable property under Nigerian law was uncertain, as the Nigerian Constitution lacks explicit definitions for "movable" and "immovable" property. copyright), can one call such a constitutional right?

Copyright 60

Copyright Moral Rights Government Public Domain 60

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. When Member States transpose the provision they follow the EU model, but for some instances, such as the definition of the purposes of the exception (e.g. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 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.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

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.”

Derivative Work 102

Derivative Work Copyright Settlement Reporting 102

Patent Trademark Blog

MARCH 18, 2022

As long as the owner continues to sell products or services under a particular mark, then trademark rights do not have a definite expiration date. Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

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.

Blogging 131

Blogging Licensing Privacy Copyright Notice 131