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.

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The IPKat

JANUARY 6, 2024

A while ago, the IPKat reported [ here , here , and here ] on a number of cancellation actions directed at Banks’s EU trade mark (EUTM) registrations representing his artworks.

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The IPKat

FEBRUARY 8, 2024

In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. Recently, the British Association of Picture Libraries and Agencies (BAPLA) has also issued a statement reacting to the judgment.

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The IPKat

JULY 23, 2023

Upcoming Conferences The "CITMA Autumn Conference" will take place on 19 October 2023 at the Library of Birmingham, UK. Registration closes on 6 October 2023. The conference is free, but registration is required, which closes on 25 September 2023. More details, here. Spaces are limited, so register soon.

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Plagiarism Today

FEBRUARY 8, 2022

The country of Croatia is scheduled to begin using the Euro as its currency on January 1, 2023. Users on Twitter began to notice similarities between Pranjkovic’s artwork and a photograph taken by Scottish photographer Iain Leach. One of the more public steps is designing their first one Euro coin.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 124

LexBlog IP

APRIL 23, 2023

Read Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence published on March 16, 2023 via the Federal Register or our summary below. Literary works AI-generated literary works, such as stories, articles, or poems, may be protected if a human author has made significant and original contributions.

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LexBlog IP

MAY 19, 2023

AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince. In fact, that is precisely what occurred in this matter.

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LexBlog IP

APRIL 26, 2023

As noted in its letter of February 21, 2023, the Office found that while Ms. For those interested in this fascinating case, please see PatentNext ’s article The Curious Case of Burrow-Giles Lithographic (an 1884 U.S. Kashtanova’s selection and arrangement of the AI-generated images were copyrightable (given that Ms.

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Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. " — Robert Indiana, artist [link] — Aaron Moss (@copyrightlately) May 19, 2023 2. But make no mistake, Warhol v. "I knew Andy very well.

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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. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Patently-O

APRIL 18, 2024

Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” ” In August 2023, the district court granted summary judgment in favor of the Copyright Office. In his 1993 article, Harvard Law professor (and CONTU member) Arthur R.

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LexBlog IP

NOVEMBER 6, 2023

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA) under a search warrant issued by a New York court. especially New York, U.S.

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SpicyIP

DECEMBER 15, 2023

by Dr. Anson C J As technology advances, the emergence of synthetic creativity has raised intricate questions about copyright law and the concept of originality ( Samuelson 2023 ). The session was a part of the Round Table discussion conducted by IUCIPRS, CUSAT in the memory of Valasalakutty Ma’am on August 5, 2023.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. The modern understanding of transformative use, which lies at the heart of fair use, originally emerged from a 1990 article by Judge Pierre Leval. 106A of the U.S.

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

TorrentFreak

FEBRUARY 10, 2023

For example, the article published here reproduces both pieces of artwork in full but isn’t targeted in a subpoena. Another article featuring the new characters dates back to December 2022 , and that appears fine too. Each of those tweets contains one piece of original content for reference.

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Copying Artwork Publishing Copyright Infringement 82

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

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Copyright Fair Use Copyright Law Law 138

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? vs Controller Of Patents on 8 December, 2023 (Delhi High Court) Emerson’s appeals under Section 117A of the Patents Act, 1970, contest the rejection of patent applications (Nos. M/S Loreal S.A

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] Goldsmith , 598 U.S. _ (2023). [2] 14] Justice Sotomayor noted that Campbell v.

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Fair Use Licensing Cease and Desist Derivative Work 130

The TTABlog

NOVEMBER 27, 2023

90641690 (November 21, 2023) [precedentia] (Opinion by Judge Jonathan Hudis). 1578, 2023 USPQ2d 677, at *5 (2023) (cleaned up). Welch 2023. In re Black Card LLC , Serial No. Jack Daniel’s Props., LLC , 143 S. Read comments and post your comment here. TTABlogger comment: What if the involved goods were t-shirts?

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Kluwer Copyright Blog

JULY 16, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. It will focus on the s.10(3) It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

The TTABlog

MAY 10, 2023

90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. Welch 2023. How do you think this came out? In re GFactor Enterprises, LLC d/b/a Gfactor Films , Serial No. One Wholesaler, Inc. Text Copyright John L.

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Artwork Service Mark Registration Trademark 76

The IPKat

FEBRUARY 3, 2023

If the training of the AI model occurred within an EU jurisdiction, it may have been permitted under the new exception for text and data mining in Article 4 of the Copyright in the Digital Single Market Directive. This recent litigation takes place against a backdrop of increased public debate around the law and ethics of AI generated art.

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op. 4] Slip op.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op. 3] Slip op. 4] Slip op.

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Fair Use Licensing Cease and Desist Derivative Work 52