Traverse Legal Blog

OCTOBER 20, 2022

Are NFTs (Non Fungible Tokens) Considered Intellectual Property? In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so.

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LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. At *4 (“By its plain text, the 1976 Act.

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Intepat

SEPTEMBER 15, 2023

AI-Generated Art: Where Artistry Meets Algorithms Before diving into the intricacies of copyright registration /ownership, let’s set the stage by understanding the birth of AI-generated art. To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright.

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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

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

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The IP Law Blog

MARCH 24, 2023

Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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LexBlog IP

APRIL 20, 2022

” The need for spring cleaning, and a sense of coming out of hibernation, seems especially acute this April for this intellectual property lawyer. Some say that to ‘spring clean’ means to wake up from a melatonin-induced slumber of spirit and mind.” ’ (Op. Neither Marano [v. at 24-28, Dissent at 15-17. [Jim

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Copyright Office’s original review and subsequent findings Ms. PatentNext Takeaway: The U.S. On September 15, 2022, she submitted the Work to the U.S.

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Kluwer Copyright Blog

NOVEMBER 26, 2023

copyright subsists automatically in an original qualifying work. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office. Copyright Office and the U.S.

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LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Authorship and Human Contribution A.

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Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. It cited its AI Registration Guidance, 88 Fed.

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Copyright Copyright Law Artistic Work Ownership 147

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

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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. The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice.

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Copyright Infringement Artwork Copyright Registration 52

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. b)(4)(i)(A) (2011). .

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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. Unicolors appealed this decision to the U.S.

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Copyright Infringement Copyright Registration Copyright Law 98

IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs. cross-border transfer of personal data. electronic data deletion.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth.

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Trademark Artwork Social Media Trademark Law 73

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

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IP Intellectual Property Social Media Cease and Desist 52

Olartemoure Blog

MARCH 3, 2023

Kashtanova’s lawyer argued that the work was protectable , since Midjourney was simply a tool to assist in the creation of the work, and the registration must respond to the creative selection, coordination and organization between the images and the text written by the author.

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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 tech-friendly court strongly emphasized that this decision aligns with the legislative purpose of China’s copyright law.

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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. Internet Law: A Concise Guide to Regulation Around the World.

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The IPKat

FEBRUARY 17, 2022

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. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

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Copyright Artistic Work Copyright Law Contracts 145

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Registration was refused in August 2019, in line with previous US case law and guidance.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). As a result, the examiner asked Allen to disclaim or exclude from his copyright claim the portions of the work generated by AI.

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Patentably Defined

AUGUST 28, 2022

A copyright is similar to a trademark but protects intellectual property instead of physical products. Copyright law gives the creator of an original work exclusive rights to reproduce, distribute, perform, and display that work for a certain period of time.

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Trademark Copyright Artwork Music 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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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? The Berne Convention solidified it.

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Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Just like Luis Vuitton can shut down counterfeiters of similar bags, so can your NFT project if you set the correct foundation protecting your intellectual property rights.

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Traverse Legal Blog

APRIL 6, 2021

ICANN, which is the Internet Corporation for Assigned Names and Numbers, and the registration of domain names, controlled by registries and sold through registrars to registrants, are complex facets of the internet. You’re going to need a copyright law attorney to help you out. We’ll see you next time.

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Copyright Infringement Artwork Copyright Law Business 75

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. In its refusal of Thaler’s second request for reconsideration, the USCO reflected on decades of case law in both the Supreme Court and lower courts, as well as the Compendiums of U.S.

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IP Tech Blog

JANUARY 4, 2023

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. What is the intellectual property right that most suits NFTs? Copyright Ownership. IP Rights and NFTs. Applicable IP rights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. Unicolors appealed this decision to the U.S.

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Copyright Infringement Copyright Registration Copyright Law 52

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) copyright law. Like in the U.S.,

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Designs Design Copyright Artistic Work 52

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. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

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. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. It cited its AI Registration Guidance, 88 Fed.

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Copyright Copyright Law Artistic Work Ownership 52