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AI Generated Art and its conflict with IPR

IIPRD

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

Art 52
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Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Artists often design new methods for crafting artistic works or experiment with new formulations and materials.

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] 3] Regardless of the creative level of a work, copyright comes with limitations.