Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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JD Supra Law

AUGUST 31, 2023

Digital artwork created by an AI system has once again been denied U.S. copyright registration. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights and Director of the Office, and upheld the Copyright Office’s longstanding position that U.S.

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Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

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Olartemoure Blog

FEBRUARY 2, 2024

This decision provides legal certainty to the audiovisual industry in copyright infringement disputes in Colombia and the Andean Community. La entrada Incidental use of artworks se publicó primero en OlarteMoure | Intellectual Property.

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Intellectual Property Brief

MARCH 28, 2022

Copyright Office Review Board denied copyright protection to an artwork created by an artificial neural system, finding that the work lacked the necessary human authorship to support a copyright claim.

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IP Law 360

MARCH 23, 2023

Copyright Office's partial cancellation of artificial intelligence artist Kris Kashtanova's registration for an AI-assisted comic book, the artist has submitted a new application for a different artwork produced by AI tool Stable Diffusion using Kashtanova's own hand-drawn art and other input. Following the U.S.

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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. Shira Perlmutter, et al.:

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Above the Fold

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”). COMPENDIUM (THIRD) § 306 (quoting Trade-Mark Cases, 100 U.S.

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IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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JD Supra Law

APRIL 24, 2024

Sedlik’s copyrighted photograph of the musician. A key aspect of the trial revolved around fair use and whether the tattoo was substantially similar to the copyrighted photograph. In a high stakes trial for the tattoo industry, jurors were asked to decide whether a Kat Von D tattoo of Miles Davis infringed upon photographer Jeffrey B.

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SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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LexBlog IP

FEBRUARY 24, 2022

On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”). He has done neither.”

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IP Law 360

DECEMBER 11, 2023

Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

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Copyright Lately

NOVEMBER 14, 2021

It’s quite a feat, which is why I think it would be so entertaining to watch him face off in a courtroom under cross examination by…wait for it…Banksy’s copyright lawyer. But interestingly, most UK copyright experts don’t think that’s the case. The post Could Banksy Sue Christopher Walken Over Destroyed Artwork?

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JD Supra Law

DECEMBER 7, 2023

The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November 2023.

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Technology & Marketing Law Blog

AUGUST 2, 2023

Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

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JD Supra Law

SEPTEMBER 15, 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”). By: Weintraub Tobin

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The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. There, it was presented as an original Koons artwork of which three copies exist.

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JD Supra Law

DECEMBER 20, 2023

The United States Copyright Office recently rejected Ankit Sahni's Second Request for reconsideration to register his AI-generated artwork, "Suryast." This is a unique case in the realm of AI-generated art, primarily due to the artwork being derived from Sahni’s own original photograph utilizing RAGHAV AI painting software.

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BYU Copyright Blog

APRIL 29, 2024

New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. House of Representatives concerning Artificial Intelligence and Copyright Law. 7913), sponsored by Rep.

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Plagiarism Today

JANUARY 3, 2023

Typically, when I do these year-end reviews, I cover a wide variety of stories that happened and separate out the copyright and plagiarism. Simply put, copyright and plagiarism are two different things. Copyright and AI. Ownership of AI Works: Can work created by an artificial intelligence be protected by copyright?

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IP and Legal Filings

FEBRUARY 8, 2023

Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. 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”). The basis for registration is not specified.

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Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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JD Supra Law

MARCH 28, 2022

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We We previously wrote about Mr. Thaler’s unsuccessful attempt to obtain a patent naming an AI machine as the inventor.)

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IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Firstly, the work shall be given credit for being produced by a human.

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IP Law 360

OCTOBER 12, 2023

Perlmutter casts serious doubts on the prospects for granting full copyright protections to the output of today's exponentially advancing artificial intelligence systems, but there are ways for applicants to prepare for hurdles, says Matthew Carey at Marshall Gerstein. federal court's recent decision in Thaler v.

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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. This bedrock principle was reinforced in two recent copyright decisions.

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JD Supra Law

NOVEMBER 10, 2022

Originally published on Copyright Lately. AI-generated art isn’t perfect, but it’s become a viable option for license-free set decoration in motion pictures and other commercial productions. Here’s what you need to know. By: Greenberg Glusker LLP

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SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. Such works qualify as ‘computer generated works’ under the Indian Copyright Act. For such works, copyright law confers authorship to the “person who causes the work to be created”. This copyright office granted registration in this case.

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Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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IP Watchdog

JANUARY 16, 2023

District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S. Stephen Thaler filed a motion for summary judgment in the U.S.

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Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. As the Seventh Circuit held , “a copyright is not transferred automatically with the transfer of the copyrighted good [thus] when you buy a book, you don’t obtain the right to make and sell copies of it.”

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JD Supra Law

FEBRUARY 9, 2023

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding intellectual property protections of these works—in particular, copyright protections. By: Venable LLP

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JD Supra Law

JANUARY 30, 2023

HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith. By: McNees Wallace & Nurick LLC

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JD Supra Law

FEBRUARY 16, 2023

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this space are giving rise to questions about copyright protections of works produced by generative AI systems.

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JD Supra Law

MARCH 17, 2022

Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for registration indicated that the artwork was created "autonomously" by "a computer algorithm running on a machine.". Background - On February 14, 2022, the Review Board of the U.S.

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IP Watchdog

FEBRUARY 23, 2022

In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler.

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