Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs. The distribution right.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. 17 of the Copyright Act, 1957 (the Act). But under Sec.

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The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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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 question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

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LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

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Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Kurasov v.

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IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works. Commentary & Conclusion Wali v.

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Corsearch

AUGUST 14, 2023

Alternatively, lookalikes and replica products omit trademarks from their design and packaging, and copyright, design rights, and patents can be utilized to combat these illicit products. Copyright infringement refers to the unauthorized use of a protected work. Send the NOCI to vero@ebay.com or fax (801) 757-9521.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. Stability AI Ltd.

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Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

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LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

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Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

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Corsearch

AUGUST 2, 2023

Lookalikes and replica products on the other hand will omit trademarks from their design and packaging; copyright, design rights, and patents can be used to enforce against these illegal products. Copyright infringement as the unauthorized use of a protected work.

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The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. NFTs Are Not Copyrightable.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with. So too with book-to-movie.

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