LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

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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. To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

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Copyright Fair Use Licensing Ownership 124

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. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Artwork 105

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use. Bottom Line.

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Licensing Business IP Ownership 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

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Registration Fair Use Copyright Design 132

Dear Rich IP Blog

SEPTEMBER 16, 2020

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.

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Intepat

APRIL 18, 2022

The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages. A creator may find several competitors once he succeeds in his work, and there are several chances for competitors to access and claim ownership of the original work.

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Copyright Public Domain Registration Ownership 52

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. Material that is in the public domain. In a decision that surprised exactly no one, D.C.

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Derivative Work Registration Copyright Public Domain 80

Kluwer Copyright Blog

OCTOBER 17, 2023

On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Moreover, the Italian Supreme Court, in decision no.

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Copyright Art Copyright Law Licensing 121

Patently-O

AUGUST 18, 2023

In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

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Copyright Public Domain Copyright Law Ownership 76

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.”

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Copyright Artwork Public Domain Art 98

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.”

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Copyright Artwork Public Domain Copyright Law 98

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The subject matter of Copyright or any application for copyright registration in India can be searched based on information available at the database of the Copyright Office, India. It has valuable information about the public domain status and copyright ownership. The database acts as a source of all Copyright records.

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Copyright Public Domain Ownership Blogging 40

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

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Artwork Blogging Art Copyright 98

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. If something be it a digital art or physical goods can be turned into a NFT as long as it can be digitized.

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Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. If something be it a digital art or physical goods can be turned into a NFT as long as it can be digitized.

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Non-Fungible Tokens Copyright Ownership Social Media 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. Hero Electric Vehicles Private Ltd v.

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IP Intellectual Property Copyright Trademark 143

Larson & Larson

JUNE 21, 2021

However, ineligible works that can’t be copyrighted include phrases, unwritten or unrecorded speeches, short titles, and even works that are deemed common property, thus lacking original ownership, an example being a calendar. The publication date, for instance, plays a considerable role in copyright protection.

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Copyright Infringement Copyright Law Copyright Law 52

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. public domain.

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Copyright Editing Settlement Music 49

43(B)log

OCTOBER 4, 2021

Although registration isn’t required for a foreign work, the other elements are still present: the plaintiff must plead which specific works are the subject of the claim, that it owns those works, and what acts of the defendant infringed. It will be enhanced by the drawings, which had been set aside with the Wildenstein Institute.

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False Advertising Artwork IP Advertising 59

SpicyIP

NOVEMBER 16, 2023

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note. However, the current case discusses the protection of GUIs under the Copyright Act.

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Copyright Marketing Marketing Copying 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52

Copyright Lately

DECEMBER 4, 2024

public domain officially welcomes the comic debuts of Popeye and Buck Rogers, alongside classic works by Faulkner, Hemingway, and landmark sound films from the year talkies took over. The public domain offers endless opportunities to breathe new life into timeless works—chainsaws optional. public domain.

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IPilogue

DECEMBER 10, 2021

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. They brought evidence of U.S.

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Copyright Infringement Copyright Public Domain Ownership 111

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

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Intellectual Property Registration Trademark Personality Rights 98

IPilogue

MARCH 21, 2022

Following registration in India, Mr. Sahni also achieved success in registering RAGHAV as his co-author for Suryast with the Canadian Intellectual Property Office (“CIPO”) in December 2021 (CIPO, registration number 1188619). Only time will tell where Canada stands on AI authorship as we await the results of the public consultation.

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Registration Copyright Intellectual Property Public Domain 119

IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). In the NFT space, a buyer is granted ownership over a copy of a digital artifact. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 89

The IPKat

MAY 29, 2023

The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. Partridge, offers a view on the overlaps between trade marks and domain names. He also explains the history of why utility models never became an EU-wide right.

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Intellectual Property Editing Privacy Moral Rights 89

Michael Geist

APRIL 27, 2022

While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. The registration system would also greatly decrease, if not eliminate, the number of orphan works during the 20-year extension.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. For ACPA purposes, “the alleged infringement regards a post-domain path, not a domain name within the meaning of Section 1127. Serc-CA Discos, Inc. 2023 WL 8480096 (S.D.

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IP Advertising Advertising Copyright 98

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924, no longer has copyright protection (in the public domain).

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Intellectual Property Invention Intellectual Property Law Design Patent 67

SpicyIP

DECEMBER 15, 2024

The defendants contended that the programme contained information about the legendary playback singer Dr. P.B.Srinivas which was available in public domain and it is not any person’s created copyright or created literature to be infringed. The plaintiff successfully proved his copyright ownership.

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Patent Application Intellectual Property Law Intellectual Property Trademark 59

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924 no longer has copyright protection (in the public domain).

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Intellectual Property IP Invention Design 52

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. Potential additional justification for these doctrines: Non-source significance might be too stable to be easily moved by putative TM ownership: result: deadweight loss and no consumer protection function. I might be ok with that.]

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Trademark Law Law Trademark Fair Use 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? If the work was published without proper copyright notice, the work entered the public domain.

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Copyright Blogging Publishing Fair Use 131