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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.

Artwork 95
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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.

Artwork 52
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Digital art protectable under copyright? Yes, says the Italian Supreme Court

The IPKat

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival.

Art 128
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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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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et. In response, Thaler filed a complaint in the district court challenging the denial of his copyright application.

Copyright 147
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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

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?