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.

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The IP Law Blog

MARCH 10, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s refusal to register a copyright for a piece of artwork created by Artificial Intelligence. Watch this episode on the Weintraub YouTube channel, here.

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IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). Uffizi took issue with Pornhub’s online guide to erotic art which used the artwork.

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Kluwer Copyright Blog

JUNE 30, 2021

Since the Second Circuit found the use of the song in the film fair and thus there was no direct infringement, the claims for secondary copyright infringement were also dismissed. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. by Tito Rendas. €

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JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Cattelan appeared first on Technology & Marketing Law Blog.

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BYU Copyright Blog

APRIL 29, 2024

New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. House of Representatives concerning Artificial Intelligence and Copyright Law. Sarony , 111 U.S.

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The IPKat

OCTOBER 11, 2022

Not a copyright dispute … and the non-role of Article 14 of the DSM Directive In sum: the CHC provides a way to control for-profit reproductions of Italian cultural heritage, irrespective of their copyright status (it is in any case worth recalling that under Italian copyright law moral rights protection is … perpetual).

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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. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low.

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Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

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Intepat

OCTOBER 7, 2022

Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. Industrial Design.

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Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The Supreme Court ruled that the use and modification of photographs solely for commercial purposes does not qualify as fair use and therefore constitutes a violation of copyright law.

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IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Applicable IP rights.

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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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Dear Rich IP Blog

JULY 27, 2023

Mexican copyright law placed Kahlo's works in the public domain 25 years after her death, so you don't need authorization to include a photo of her painting in your film. More importantly, deceased figures cannot be defamed or have their privacy invaded (the two common basis for lawsuits involving the use of real people in fiction).

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IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Copyright law protects and should continue to protect communicative and dialogical spaces.

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Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the U.S. Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Copyright Office launched a study to examine the copyright law and policy issues raised by generative AI.

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Dear Rich IP Blog

AUGUST 3, 2022

As to the second factor , the nature of the copyrighted work, courts generally consider photographs as creative works, unless, as might be the case with your photo, the photo is more documentary in nature and does not “showcase the original artistic expression of the photographer.” (See Architectural copyright. See DeFontbrune v.

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LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

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Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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IP Tech Blog

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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IPilogue

JUNE 13, 2022

Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

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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. The Right to Create and Sell NFTs.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. It will be intriguing to follow up case law in this area as it makes progress.

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IPilogue

SEPTEMBER 20, 2021

Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . Creative works, such as artworks, qualify for copyright protection if they are original. It is not surprising that human artists are granted such protections.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Very few jurisdictions expressly provide for copyright in computer-generated works.

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Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. Copyrights protection for the artwork itself is also critical.

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. After its creation, he attempted to register this work with the Copyright Office. Copyright Office, Compendium of U.S. Hence and copyright law was therefore not designed to reach them. 102(a) ; U.S.

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IPilogue

JUNE 30, 2022

As stated above, Canadian copyright law also does not protect titles of works. It will be interesting to see if the Courts’ stance has changed, given the increasing prevalence of the internet and streaming of content, and sale of artwork etc. What about Canada? The Federal Court of Canada last addressed this issue in Drolet v.

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Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince.

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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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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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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. We will follow this case as it proceeds, and blog further. [1]

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

The court held that out of all the photographs appropriated by Prince, 25 of them fell into the exception of fair use under the copyright law as the artworks made by Prince had different expressions and meanings from the original photographs of Cairou and copyright protection is granted only to expressions of ideas and not to the ideas.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Background (NFT Copyright). The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Shenzhen Qice Diechu Cultural Creativity Co.,

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