IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. See Questions 6-14 of Notice.

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Copyright Technology Artwork Blogging 62

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

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Copyright Technology Artwork Fair Use 52

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. We were not aware that the image may have been created by AI” 2.

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Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

APRIL 8, 2024

Litigation against these models has piled up at the same breakneck speed as they have gained ground. And at the core of this litigation lies a common claim: generative AI has a memory problem. This is an important shift from past litigation involving copy-reliant technologies and therefore merits a fresh look.

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Fair Use Copyright Copying Technology 113

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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Copyright Art Copyright Law Licensing 124

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Thus, unlike VIP’s Bad Spaniels’ mark, none of those uses sanctioned under Rogers could have confused consumers as to the source of the goods.

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Branding Brands Branding Trademark 57

IIPRD

FEBRUARY 25, 2022

Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Moreover, the abundance of tokenisation has even led to the minting of patents as NFTs even though there is no clear provision about the change in ownership, royalties, and related licenses. Conclusion.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. If it can’t be used that way, lots of Ds will roll over rather than fight.

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Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Copyright Fair Use Copyright Law Law 138

43(B)log

FEBRUARY 2, 2024

Peter Karol, What’s the Use: The Structural Flaw Undermining Warhol v. Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement.

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Fair Use Derivative Work Licensing Marketing 49

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] by other innovators that also use NFTs to track title to physical goods held in a vault, such as fine art, whiskey, and wine.” [43].

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Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. So, with that background, let’s turn to our own cleaning. ’ (Op.

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Intellectual Property Music Copyright Fair Use 52