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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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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Artwork Copyright Editing Ownership 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

Ownership 52

Ownership Confidentiality Contracts Copyright 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 67

Copying Copyright Ownership Intellectual Property 67

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 120

IPilogue

NOVEMBER 30, 2022

These paintings that saved her life are currently held in the Auschwitz-Birkenau Memorial and Museum in Poland, despite her pleas for their return: “They are definitely my own paintings; they belong to me, my soul is in them, and without these paintings, I wouldn’t be alive.”. As such, these works deserve sui generis protection.

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Art Copyright Moral Rights Fair Use 106

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 Fair Use 126

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.

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Music Copyright Derivative Work Ownership 67

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.

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Copyright Ownership Artistic Work Intellectual Property 89

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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Invention Inventor 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.

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Copyright IP Music Ownership 120

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.

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Copyright Artistic Work Copyright Law Music 49

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.

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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?

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Copyright Intellectual Property Moral Rights Ownership 95

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.

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IP Copyright Infringement Inventor Intellectual Property 106

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. 2 of the Copyright Act RSC 1985, c. Part I of the Act deals with the ownership of copyright in works. A copyright owner may of course transfer the right as it wishes (s.

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Ownership Copyright Intellectual Property Designs 92

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.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

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

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?

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Copyright Moral Rights Government Public Domain 62

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 80

Intellectual Property Law Intellectual Property Law Registration 80

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.

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Non-Fungible Tokens Copyright Business Moral Rights 59

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.

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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.

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False Advertising Ownership Registration Designs 72

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

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 102

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 60

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

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.

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Copyright Law Copyright Law Ownership 52

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Conclusion .

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Contracts Law Technology Privacy 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

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Licensing Copyright Contracts Advertising 88

Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Key among them is the extent to which pre-1978 works first published abroad without proper copyright notice are still protected under U.S. copyright law. and Germany.

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Public Domain Copyright Copyright Notice Publishing 82

Copyright Lately

FEBRUARY 6, 2022

And now there’s a huge disagreement with the comedian population around what rights do comedians get for writing a joke because I don’t think that actually exists in copyright law yet. So there’s a lot of nuances out there. “We Have Struck a Nerve” That’s one way to put it.

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Music Social Media Artwork Intellectual Property 92

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 76

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 74

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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Copyright Fair Use Copyright Law Law 138