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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question.

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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

LexBlog IP

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. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

The exclusivity of exploitation is key to the success of a limited-edition collectible. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Ownership and Enforcement.

IP 109
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[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

The IPKat

The notes further state that “ the 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9 ”. The EUIPO also clarifies that “ for the Office, the term non fungible tokens on its own is not acceptable.

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

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Canadian Perspectives on Artist Resale Rights

IPilogue

In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction. Not all Canadian galleries oppose ARRs.

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