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? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. Ehrich Bros.’s
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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Kluwer Copyright Blog
FEBRUARY 8, 2023
Thus, copyright protection would be suitable if there is an existing or imminent obstacle to trade in the context of AI-generated works and if left in the public domain, the functioning of the internal market would be disturbed. This brings the discussion to the third factor – proportionality stricto sensu.
IP and Legal Filings
MAY 3, 2023
The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 1] [1916] 2 Ch 601. [2]
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). Hubbard and Another v. SCC Online , 78-79.
Technology & Marketing Law Blog
JUNE 20, 2023
21-869 (May 18, 2023). Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 1600 (1982). 4th at 50.
Technology & Marketing Law Blog
JUNE 21, 2023
In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.”
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