The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. In 2019, the Copyright Office refused the application on the grounds that it lacked “human authorship.”

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The Illusion of More

JULY 25, 2023

In my last post, I discussed some of the allegations that “machine learning” (ML) with the use of copyrighted works constitutes mass infringement. appeared first on The Illusion of More.

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JD Supra Law

JANUARY 30, 2023

HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith. By: McNees Wallace & Nurick LLC

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Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. The “non-authorised use of copyright protected material” is cited in recital 12 Digital Services Act (DSA) as an example of “illegal content”, the availability of which is to be curbed by means of, among other things, notice and action mechanisms (Art.

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IP Watchdog

FEBRUARY 4, 2023

The problem: in most if not all cases, the AI obtains its images by “scraping” the internet, obtaining and using massive amounts of copyrighted images to train itself in the meaning of certain words and in the stylistic choices employed in those images.

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The Illusion of More

NOVEMBER 8, 2022

I have already argued against copyright protection for works created by AI, supporting the longstanding doctrine that copyright rights can only attach to works of human authorship. The post Are AI Prompts Authorship in Copyright Law? But one paragraph in a recent article by attorney Adam Adler raises […].

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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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JD Supra Law

FEBRUARY 7, 2022

The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law demands that an invention must be new and novel to receive protection.

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Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. You can read a first take on the copyright relevant provisions here. Photo by Markus Spiske on Unsplash Dear readers, Happy new year!

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The IPKat

DECEMBER 6, 2022

A few weeks ago, the UNION-IP Designs Commission in association with the UNION-IP Netherlands national group – “Design & Copyright Law: siblings or rival?” held another roundtable session ( Thursday Thingies ), the topic of which related to the overlaps between copyright and design law (details of the event to be found here ).

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SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). This copyright office granted registration in this case.

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JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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The IP Law Blog

SEPTEMBER 14, 2023

Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful. Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work.

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SpicyIP

JANUARY 17, 2022

Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law? However, a full-fledged discussion around whether a ‘Right to Research’ exists in India, whether it be internal, or external to Copyright laws seems largely absent. a user right under copyright law. Lokesh Vyas.

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Intellectual Property Law Blog

APRIL 12, 2023

Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. On March 16, 2023, the U.

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The IPKat

OCTOBER 30, 2023

For the answer to question 3 and the question whether an allegedly infringing work of applied art falls within the scope of protection of a work and infringes the exclusive right to the work, what is the significance of a) the degree of originality of the work for the scope of protection of the work? Question 4 a) reads as follows: 4.

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Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011. is not protected under copyright.

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Intellectual Property Brief

MARCH 17, 2022

NFT art has become a trendy craze in recent years, but how exactly this NFT art fits into existing copyright law is still in development.

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IP and Legal Filings

FEBRUARY 8, 2023

Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). The basis for registration is not specified.

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Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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Barry Sookman

MARCH 17, 2024

Two recent decisions regarding copyright and generative artificial intelligence (AI) handed down by Chinese courts are notable. In one, a court found that output created using Stable Diffusion could be subject to copyright.

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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 Court of Genoa held that the architect was the author of the work and that RAI had infringed her copyright. Creativity under Article 1 of Law No.

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The IPKat

DECEMBER 22, 2023

At what conditions can works of applied art be protected by copyright under EU law? USM’s position is the defendant’s assembly service (initially USM did not object to the sole making and selling of replacement and add-on parts) in essence ends up reproducing USM Haller, thus inter alia infringing copyright in it.

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IPilogue

JULY 12, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . May 21 was a historic day for copyright fanatics around the country. She wrote reasons for several landmark copyright decisions, even delivering judgements in four out of the five 2012 “ Copyright Pentalogy ” cases.

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The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

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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. What Constitutes Art. Copyrighting Art.

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Olartemoure Blog

MAY 26, 2023

As a result, the unauthorized reproduction of such works not only results in material damage due to the non-payment of copyright fees but also inflicts intangible harm through the symbolic devaluation of the artistic creation. The dispute revolved around a work of art created by Warhol, which incorporated a photograph of the musician Prince.

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IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. Copyright protection over tattoos has been a hot topic for some time.

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The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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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. In a recent case i.e.

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IPilogue

NOVEMBER 30, 2022

Yet the Keynote Address and Keynote Commentary at the Conference told a copyright story that has never been told. Berline was not the only individual who managed to create art under unimaginable circumstances. Copyright law protects and should continue to protect communicative and dialogical spaces.

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Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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JD Supra Law

AUGUST 25, 2023

Register of Copyrights that an AI-generated work “absent any guiding human hand” is not protected by copyright, explaining that “[h]uman authorship is a bedrock requirement of copyright.” On August 18, 2023, the US District Court for the District of Columbia (the Court) ruled in Thaler v. By: Goodwin

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Olartemoure Blog

MAY 24, 2024

The Superior Court of Bogotá overturned the ruling of the National Directorate of Copyright based on the concept of incidental use of pictorial works in audiovisual works. This is the first ruling in Colombia that applies the copyright exception recognized by the Andean Community Court of Justice in the preliminary interpretation 135-IP-2020.

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LexBlog IP

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. In 2019, the Copyright Office refused the application on the grounds that it lacked “human authorship.”

Art 52

Art Copyright Copyright Law Registration 52