article thumbnail

Thaler, Copyright Office Fight Over Human-Authorship Requirement for AI-Created Artwork Continues

IP Watchdog

Copyright Office’s refusal to register copyright to an artwork generated by Thaler’s Creativity Machine. Court of Appeals for the D.C. Circuit, continuing the artificial intelligence (AI) technologist’s legal challenge to the U.S. The reply brief argues that there is no human authorship requirement under the U.S.

Artwork 124
article thumbnail

Incidental use of artworks

Olartemoure Blog

The Andean Tribunal of Justice, through prejudicial rulling 135-IP-2020, has established a determinant factor to differentiate between the public communication of a pictorial work in an audiovisual work and its incidental use. La entrada Incidental use of artworks se publicó primero en OlarteMoure | Intellectual Property.

Artwork 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Not Human Enough - District Court Rejects Copyright For AI Artwork

JD Supra Law

Here at the TMCA, we have been covering an AI-related issue of particular interest to IP attorneys – the ongoing battle of Dr. Stephen Thaler to copyright artwork created by AI software. By: Dorsey & Whitney LLP

Artwork 62
article thumbnail

Metabirkins NFT Maker Tells 2nd Circ. 'Artwork' Is Protected

IP Law 360

The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

Artwork 40
article thumbnail

Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

With tools like DALL·E 2 and Midjourney now able to produce unique, hyper-realistic images in a wide variety of different styles, the prospect of using these programs to create inexpensive set pieces and other artwork has suddenly become a viable option for all types of commercial productions.

Artwork 88
article thumbnail

Artist Wants To Copyright AI Artwork That Uses Own Drawing

IP Law 360

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.

Artwork 52
article thumbnail

The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

The IP Law Blog

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 104