Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Visual art is made by harnessing and curating forces outside our control. This is true of a painter splashing paint on a canvas for an abstract art piece, but even photography captures a chaotic scene. What is to Come for AI Art?

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Artwork Blogging Art Copyright 96

Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. It wasn’t a Disney work. Neither is 1948’s The Babe Ruth Story.

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Reporting Copyright Public Domain Marketing 119

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. Firstly, the amendment 399 to Art.

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Copyright Art Copyright Law Licensing 123

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. The court relied on the EPO guideline on combinations, British Celanese Ltd.

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Designs Design Cease and Desist Art 105

Patently-O

AUGUST 18, 2023

The Copyright Office denied the registration application on the grounds that copyright law requires human authorship. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain.

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Copyright Public Domain Copyright Law Ownership 76

Kashishipr

MAY 25, 2022

A patent search is the first step of the Patent Registration process in India, and that too is a crucial one. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention. 3) State-of-the-Art Search.

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Patent Patent Application Inventor Invention 78

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

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Intellectual Property Confidentiality Public Domain Business 119

Intepat

MAY 4, 2023

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Parallelly, competition law works in tandem and “protects competition, not competitors.”

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Law Patent Settlement Inventor 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. Any kind of digital works and physical objects that can be represented in a digital format such as a photo, video or art can be made into a NFT. Although in principle, a NFT of a trademark or any work in public domain can be created.

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Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

This technological breakthrough has taken the art and tech world by storm. Any kind of digital works and physical objects that can be represented in a digital format such as a photo, video or art can be made into a NFT. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Trademark Registration.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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. Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain.

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Copyright Artwork Public Domain Art 98

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. Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain.

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Copyright Artwork Public Domain Copyright Law 98

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

An “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. Statutory Subject Matter.

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Patent Invention Public Domain Patent Law 52

IP and Legal Filings

JUNE 27, 2022

In 1891, Madrid Agreement was adopted whereby the foundation of international registrations of marks was launched. After this, comes the subject matter requisites for a patent, which are: Novelty: Being novel means it should not form a part of the prior art, which means any literature present in the public domain.

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Intellectual Property Invention Public Domain IP 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Trademark Registration. That’s understandable.

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Intellectual Property IP Invention Designs 52

The IPKat

JUNE 26, 2022

Registration is open and more details can be found here. and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration. The event will be online and registration can be made here. Registration shall be made by 8 July 2022 here. and the EU.

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Intellectual Property IP Registration Copyright 117

SpicyIP

OCTOBER 15, 2023

The Committee also noted that registration of traditional knowledge as GI would be highly beneficial to consolidate traditional knowledge into IPRs. As many scholars acknowledge , IP law has little capacity to protect communally created cultural products from commercial appropriation or to protect against unauthorized uses of traditional art.

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IP Registration Law Public Domain 69

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Use=is it in fact being used by this party as a TM.

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Trademark Law Law Trademark Registration 75

The IPKat

MAY 29, 2023

The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. The hypothetical is set in the art world: a painter makes posters of his works, which are lawfully bought by an art gallery.

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Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

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Advertising Advertising Confidentiality Trademark 105

IP Intelligence

APRIL 24, 2023

the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Prediction and control of output have taken an outsized role in recent registrability and policy statements from the U.S. Catalda Fine Arts , 191 F.2d

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Ownership Copyright Public Domain Registration 98

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Deadline for the Applications: 11:59pm IST, 23rd June, 2023. 50,000/- to be paid to YSL. Case: Holyland Marketing Pvt.

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Trademark Registration Cease and Desist IP 104

Biswajit Sarkar Copyright Blog

JULY 19, 2022

However, authors are not required to make their work accessible to the public. Additionally, creators are not needed to file a copyright registration with the US Copyright Office. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use.

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Copyright Infringement Copyright Public Domain Copying 52

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Visual art rejected at consistently higher rate; music almost never rejected. Visual arts: technical drawings as pseudo-patents are rejected 20-25% of the time. But how then would an Art.

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Copyright Moral Rights Artwork Art 59

LexBlog IP

JANUARY 10, 2024

Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” H.R. 74-5,] Ex.

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Ownership Copyright Government Intellectual Property 52

43(B)log

AUGUST 11, 2022

A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. Compare: TM registration, FACK JU G Ö HTE—courts finally said that freedom of expression operates in registration as well. A: To get more?

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Ownership Moral Rights Copyright Branding 80

IP and Legal Filings

SEPTEMBER 13, 2022

The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology. Hence, the software has to be a new invention to be patentable.

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Patent Invention Inventor Technology 52

LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Prediction and control of output have taken an outsized role in recent registrability and policy statements from the U.S. 2d 99, 105 (2d Cir.

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Ownership Copyright Registration Public Domain 64

IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces. Instead, it is classified as a medium of exchange.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

43(B)log

FEBRUARY 19, 2022

But trademark law elsewhere extends far past product/service names to things like a building’s layout, slogans, uniforms, and other aspects of the “product” itself; indeed, the PTO has granted registration for NKJV for Bibles, referring to the New King James Version. Is it art, collaboration, or something else? Applies to Satan Shoes.

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Trademark Law Trademark Art Branding 72

43(B)log

OCTOBER 4, 2021

Although registration isn’t required for a foreign work, the other elements are still present: the plaintiff must plead which specific works are the subject of the claim, that it owns those works, and what acts of the defendant infringed. It will be enhanced by the drawings, which had been set aside with the Wildenstein Institute.

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False Advertising Artwork IP Advertising 59

43(B)log

FEBRUARY 4, 2023

Romantic authorship: feminist scholars critically assess role of originality in © and image of authorship as a solitary, isolated male genius detached from his community and the background of the art in which he works (Shelley Wright). public domain. Gendering of genius. Peter Pan: removing Tiger Song (?). Who is doing it?

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Art Law Journal

FEBRUARY 3, 2023

Are you using AI like Dall-e or ChatGPT to create content? Find out how copyright law applies to content created through generative AI.

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Copyright Copyright Law Law Public Domain 78

43(B)log

JUNE 25, 2022

You only need to demonstrate that the applicant/registrant is not the proprietor of the first use. Fromer: In the US, relative examination matters—an abandoned registered mark will still block other registrations. Ramsey: like trying to get rights in a famous work of art. Distinguish what a brand does from what a TM does.

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Trademark Branding Brands Branding 56

SpicyIP

NOVEMBER 15, 2022

Cables” was passed on the ground that registration in favor of the mark lies in favour of Mukul Singhal who had established its claim of prior use via documentary evidence. Controller of Patents and Designs ( pdf ), was decided by the Delhi High Court and deals with issues pertaining to prior art and inventive step. Image from here.

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Trademark Patent Copyright Designs 105

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52