Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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TorrentFreak

APRIL 14, 2022

Copyright Troubles Begin. In April 2020, Disney filed a copyright complaint with Google, stating that Club Penguin Rewritten’s domain (cprewritten.net) not only infringed its rights in artwork but also its trademarks. From: TF , for the latest news on copyright battles, piracy and more. Three People Arrested.

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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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The IPKat

NOVEMBER 1, 2022

The headline --“City of Vernon transfers copyright to legendary Ogopogo to B.C. Surely no “author” had created the Ogopogo, supposedly a green, serpent-like creature that creates harmonic ripples as it swims, so no one could claim copyright. So, what did Seabrook register under copyright? And the database only goes back to 1991.

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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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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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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

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Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

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TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. From: TF , for the latest news on copyright battles, piracy and more. The complaint can be found here (pdf).

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TorrentFreak

JANUARY 5, 2022

These NFTs are not without copyright issues. There are also more complex copyright angles too, as Quentin Tarantino discovered a few weeks ago. Needless to say, the legal battle is about much more than principles and copyright. For example, early artwork featuring Samuel L. Miramax Sued Tarantino.

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Dear Rich IP Blog

APRIL 9, 2024

In making a fair use decision, judges analyze four factors , of which the two most important are (1) the purpose and character of use and (4) the effect of the use upon the potential market.

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Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. NFT Copyright Licensing. Be an NFT expert if you want to take advantage of this emerging market. Copyright Licensing, Digital Art and NFTs. Let’s talk about it. It is the wild west.

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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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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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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

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The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

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The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

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IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

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Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. This picture shows the copyrighted works and Target’s efforts: At issue is whether Target independently created the works. appeared first on Technology & Marketing Law Blog. Target Corp.

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TorrentFreak

JULY 28, 2021

According to the plaintiffs, these people operate, oversee or participate in Ring-1, an operation that develops, distributes and markets a range of cheats for Destiny 2 and Rainbow Six Seige, among others. Copyright Infringement Offenses. From: TF , for the latest news on copyright battles, piracy and more. 1201(a)(2)).

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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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The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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Plagiarism Today

JANUARY 10, 2024

Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.

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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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The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

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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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Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Copyrights in the US are protected under the U.S.

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Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. Copyright protects your work and stops others from using it without your permission.

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The TTABlog

JUNE 8, 2023

[Section 2(e)(1) mere descriptiveness refusal of SKIPOSTERS.COM , in slightly stylized form, for "On-line retail store services featuring photographs and artwork" and "Printing; Printing services."] In re Radical Marketing LLC , Serial No. Text Copyright John L. 90381196 (June 6, 2023) [not precedential] (Opinion by Thomas W.

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TorrentFreak

JANUARY 5, 2023

The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members.

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The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] factor weighs in favor of fair use.

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