Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear. Shortly following the Thaler decision, another artistic work created with generative AI was denied copyright protection.

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Copyright Copyright Law Artistic Work Ownership 147

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. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. communicate the work to the public. a work of ‘artistic craftsmanship’.

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Moral Rights Copyright Artistic Work Artwork 52

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

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Copyright Artwork Due Diligence Publishing 127

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” copyright protection is also available for artistic works first appearing in the context of 3D products, as we discussed in this earlier post relating to a furniture design. copyright law. For comparison, U.S.

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Designs Design Copyright Artistic Work 52

The IPKat

FEBRUARY 17, 2022

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. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Copyright Artistic Work Copyright Law Contracts 145

LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”

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Litigation Artistic Work Branding Brands 52

IP and Legal Filings

SEPTEMBER 20, 2023

In India the protection of a designer’s original creation is protected under both, copyright and designs legislation.Some relevant laws protecting the clothing industry are the: Copyright Act of 1957 – The Act protects the original works of the artists from the time the said original work is put in fixed form.

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Designs Design Copyright Copyright Infringement 92

Kashishipr

AUGUST 17, 2022

Additionally, while creating content, content creators and social media influencers must have adequate authorization and consent in place before using the creative works of others in any form, be it videos, photos, or text, on social media platforms to avoid infringing upon the IPRs of others.

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Social Media Intellectual Property Registration Branding 52

Art Law Journal

JUNE 30, 2022

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. Although copyright registration is not required, there are several benefits to doing so. Trademark Registration.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” The application asserted that the work was created autonomously by the machine and listed the machine as the author. .” It cited its AI Registration Guidance, 88 Fed.

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Copyright Copyright Law Artistic Work Ownership 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 124

Art Law Journal

JUNE 30, 2022

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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Intellectual Property IP Invention Designs 52

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Both the parties have registrations over their respective “Karim” and “Kareem” trademarks.

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Trademark Registration Copyright Patent 59

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

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. Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate.

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Copyright Infringement Artwork Copyright Registration 52

IP and Legal Filings

OCTOBER 19, 2022

Subject to certain exclusions, an issuer must meet certain criteria, obtain commission approval, and submit a registration statement and a draught prospectus to the Securities and Exchange Commission (“SEC”) in order to issue regulated digital tokens. 2537 (1994).

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Artwork Copying Contracts Copyright 62

LexBlog IP

SEPTEMBER 11, 2023

As the court recognized, the more difficult questions that will need to be addressed include how much human input is required to qualify the user as the creator of a work such that it is eligible for copyright protection. United States copyright law protects only works of human creation” Id. Perlmutter , 1:22-cv-01564, 6 (D.D.C.

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SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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Registration Trademark Copyright Registering Trademarks 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. Multiple pieces of copyright material may exist in a single digital work. Interested parties can view this chain to see an accurate history of the NFT.

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Non-Fungible Tokens IP Cease and Desist Ownership 40