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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. 5(3)(j): “for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use”.

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Implications Of AI On Literary And Artistic Works : A Challenge On The Copyright System

IP and Legal Filings

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations. For a Copyright to be granted, two conditions must typically be met.

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AI art and Indian copyright registration

SpicyIP

AI generated art is in full swing and the Indian Copyright Office is confused. Such works qualify as ‘computer generated works’ under the Indian Copyright Act. Computer-generated works were included as a category of works in 1995, presumably at a time when AI was not making art.

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Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. This act is often done without the prior consent or permission of the copyright holder or the photographer of the picture.

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Copyrighting the Ogopogo Monster: The © story behind the news story

The IPKat

The headline --“City of Vernon transfers copyright to legendary Ogopogo to B.C. Surely no “author” had created the Ogopogo, supposedly a green, serpent-like creature that creates harmonic ripples as it swims, so no one could claim copyright. So, what did Seabrook register under copyright? And the database only goes back to 1991.

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US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

Can a work entirely created by a machine be protected by copyright? The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine.

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Copyright and Transformative Fair Use

Patently-O

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

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