JD Supra Law

JUNE 7, 2023

Like NFTs, AI is imposing a paradigm shift in the art world. Copyright Office for its refusal to register AI-authored artwork and asking the court to grant the registration. We wrote previously about an individual who is suing the U.S. By: Ingram Yuzek Gainen Carroll & Bertolotti, LLP

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Allen did not agree to the request and continued to request copyright registration of the entire work. Last year, Jason M.

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The IPKat

MARCH 16, 2023

Kristina Kashtanova applied and obtained the copyright registration for the work “ Zarya of the Dawn ”. In sum, the USCO denied the registration for the images generated through the AI system concluding that “ text prompts ” were insufficient to qualify as " human authorship ". The case In September 2022, Ms.

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The IPKat

FEBRUARY 3, 2023

This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse.

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LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

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Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

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JD Supra Law

DECEMBER 20, 2023

While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth…. By: Holland & Knight LLP

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”.

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IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. company specializing in greeting cards depicting street art, subsequently used this image in their products. Typically, artists protect their artwork using only copyright law. street artist Banksy. Full Black Colour Limited , a U.K.

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LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

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Art Copyright Registration Fair Use 52

Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both. Can you copyright 2-dimensional design? Varsity Brands.

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The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason? Let’s see how the Board reasoned. (Ir)relevance

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Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

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BYU Copyright Blog

APRIL 29, 2024

Copyright Office already requires copyright registrants to disclose if content submitted for registration includes unclaimable AI-generated material. A simple statement of disclaimer must be included in the registration application. Authors must specifically disclaim any AI-generated parts during registration. 349 (1884).

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IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

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The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

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JD Supra Law

MARCH 9, 2022

AI has advanced significantly in creative industries, including music, web design and development, art, and social media, begging the.

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Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. Registration–. Registration–. a collage, sculpture, photograph , or graphic work; 2.

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Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Copyright registration is like having art insurance.

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LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. Plaintiffs asserted that the defendants’ conduct resulted in, among other things, copyright infringement of the plaintiffs’ artwork. Several U.S.

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The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015.

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Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

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Intepat

OCTOBER 7, 2022

However, if the designer chooses to follow Section 15 of the Copyright registration procedures and implements this registration for industrial actions, the designer will be able to benefit from design protection up to the object’s 50th reproduction. Registration–. Registration–. COPYRIGHT ACT, 1957. Not Mandatory.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

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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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SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Unlike the Thaler case, artist Jason Allen had applied for copyright registration of an AI-generated work ( Théâtre D’opéra Spatial ) naming himself as the author.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

Generative AI Computer-generated art reached a tipping point in 2022. 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.

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Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

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LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. ” Thereafter, Thaler filed a complaint in the D.C.

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The IPKat

SEPTEMBER 27, 2023

The USCO underlined again the importance of the “ human authorship ” requirement and stated that applicants must bear the duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contribution to the work.

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The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth. In the Jack Daniel's v. Bad Spaniels case, the U.S.

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Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. Think Before Your NFT Launch.

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Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. It cited its AI Registration Guidance, 88 Fed. Perlmutter, et.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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