IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). Under the Indian Copyright Act , such works are classified as “computer generated works”. The basis for registration is not specified.

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Registration Art Copyright Artwork 81

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 is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

JUNE 19, 2023

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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Non-Fungible Tokens IP Ownership Contracts 98

IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. The author of a copyright-protected work can bring a claim for copyright infringement, but this is contingent on knowing the infringer’s identity.

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Non-Fungible Tokens Art Due Diligence Social Media 125

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Intepat

SEPTEMBER 15, 2023

AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Non-Fungible Tokens 105

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Trademark Artwork Registration Art 105

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

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Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright?

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Designs Design Copyright Copyright Infringement 90

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. Copyright law protects just the expression, not the idea itself.

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Copyright Intellectual Property Ownership Technology 86

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 103

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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IP Ownership Non-Fungible Tokens Copyright Law 52

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 communication to the public right.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. This distinction becomes especially imperative in the context of the IP rights associated with NFTs. IP Law Applicability to NFTs in the Industry. Essentially, an NFT is a digital token that can serve as a certificate of ownership.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

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’). ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 124

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement.

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Fair Use Artwork Intellectual Property Copyright Law 52

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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Copyright Copyright Law Intellectual Property Plagiarism 52

IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. We will track further developments in this space. The post The Year of AI Continues: U.S.

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Copyright Technology Artwork Blogging 62

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. There is a higher probability of such Output being considered as infringing by the courts, when a user uses ChatGPT’s Output for commercial purposes.

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Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4. Proposal 12.

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Database Right Licensing Public Domain Artwork 52

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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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters.

Copyright 52

Copyright Technology Artwork Fair Use 52

Copyright Lately

FEBRUARY 6, 2022

We’re talking about everyone from small-time labels and artists to the likes of Disney, Nintendo and Taylor Swift, none of whom are exactly shy about protecting their IP rights. So there’s a lot of nuances out there. Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022.

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Music Social Media Artwork Intellectual Property 94

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. First, NFT’s have enormous significance in the IP world. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. First, NFT’s have enormous significance in the IP world. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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Fair Use Art Licensing Derivative Work 52

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] 2] On January 4, 2021, pro se plaintiff Joe Morford filed a complaint in the Southern District of Florida claiming that Cattelan’s Comedian infringes Morford’s preexisting work, Banana & Orange. [3]

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Copyright Copying Artwork Art 52

IP and Legal Filings

JANUARY 23, 2023

In the current cyberspace, copyright infringement and piracy have occurred from developers, artists, and end users. The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. It is possible for someone to print the NFT while posing as the author of the piece.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 78

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. First, the Court looked to the text of 17 U.S.C.

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Copyright Infringement Copyright Registration Copyright Law 98

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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Blogging Law IP Fair Use 52

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. First, the Court looked to the text of 17 U.S.C.

Copyright Infringement 52

Copyright Infringement Copyright Registration Copyright Law 52

Traverse Legal Blog

OCTOBER 20, 2022

The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Nature of use: In what context is the IP being used?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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. How do you train AI tools?

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SpicyIP

SEPTEMBER 11, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Discussing the order, Aparajita draws a parallel with the position of AI-generated works and prompts in the Indian Copyright law.

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Registration Trademark Copyright Music 105