LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. There, U.S.-based

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IP Tech Blog

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. US Copyright Office decision Kristina Kashtanova is an artist and author.

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Copyright Intellectual Property Artistic Work Technology 97

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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SpicyIP

DECEMBER 15, 2023

Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

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IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

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Kluwer Copyright Blog

MARCH 11, 2024

Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

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LexBlog IP

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. But unanswered questions abound. Perlmutter, et.

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Copyright Copyright Law Artistic Work Ownership 52

The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

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Contracts Artistic Work Copyright Copyright Law 76

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. In fact, one of Prof.

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IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

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LexBlog IP

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. US Copyright Office decision Kristina Kashtanova is an artist and author.

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SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law.

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SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

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The IPKat

JUNE 18, 2023

Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa plc and King’s College London have partnered to offer a distance-learning course on UK, EU & US Copyright Law starting 27 September 2023. Click here to apply. It deals with a wide range of rights (e.g.,

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Artistic Work Copyright Law Publishing Reporting 57

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs.

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IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 1] The Copyright Act protects certain types of works, which are included in Section 13. The appreciation and experimentation of OTT content have shown that India Cinema is back again.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. Last but not least, fashion items might be protected by copyright. The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death.

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LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. A finding of infringement would be straightforward, except as to whether the AI-generated portrait is itself a copyrightable work. 16, 2023), [link].

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Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

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Artwork Blogging Art Copyright 95

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 question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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LexBlog IP

DECEMBER 18, 2023

17, 2023) (emphasis added). As such, creators of such “disembodied” designs may need to continue to rely only on copyright law to protect such designs as artistic works unless and until Congress intervenes to expand subject matter eligibility under Section 171. a)(I) ] but provides important clarifications.”

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SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

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LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Roc-A-Fella Records, Inc. Dash , Case No. 1:21-cv-05411, U.S.

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Zafar Mahfooz Nomani, 2023).

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). One important question has been whether copyright law should be extended in order to protect such works.

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

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SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. the larger public interest in assuring early access to the work. Case Summaries M/s Blue Heaven Cosmetics Pvt.

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The IPKat

FEBRUARY 3, 2023

This litigation has arisen amongst a flurry of recent interest in AI generated works. Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

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SpicyIP

DECEMBER 4, 2023

Controller Of Patents on 24 November, 2023 (Delhi High Court) An appeal was filed against the impugned order rejecting a divisional application for lack of plurality of invention. Case Summaries Nripendra Kashyap Esco vs Asstt. Heineken Asia Pacific Pte. and sought permanent injunction against the use of the same. Sporta Technologies Pvt.

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LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. 1] ” In his second request for reconsideration, Thaler reiterated his arguments and suggested that public policy would support registering GenAI works.

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Copyright Law Copyright Technology Registration 52

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

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SpicyIP

FEBRUARY 12, 2024

Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. It was submitted that the Defendant’s mark has not been registered yet, and application has been filed in 2023 on a proposed-to-be-used basis.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

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SpicyIP

MAY 6, 2024

UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patent application of the appellant. International Development 8 US newspaper sue Open AI for copyright infringement.

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Kluwer Copyright Blog

MARCH 1, 2023

Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. VIP Products.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority. Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. Andy Warhol. And Prince, the Purple One. (Or Goldsmith et al. ,

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LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

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