LexBlog IP

APRIL 12, 2023

.” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it (e.g.,

Copyright 52

Copyright Registration Technology Publishing 52

IP Tech Blog

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.”

Copyright 62

Copyright Technology Artwork Blogging 62

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., Copyright protection and authorship of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.).

Music 67

Music Copyright Derivative Work Ownership 67

Plagiarism Today

OCTOBER 27, 2021

However, that is just the latest in a decade-long history of discussing copyright, plagiarism and other authorship issues as they pertain to Halloween and horror. Though not a deep article, it’s an interesting overview of the topic and a look at the copyright challenges we face running our small haunted house.

Plagiarism 203

Plagiarism Copyright Public Domain Copyright Infringement 203

LexBlog IP

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.”

Copyright 52

Copyright Technology Artwork Fair Use 52

LexBlog IP

APRIL 25, 2023

The USCO ultimately concluded that the “authorship” requirement of US copyright law refers to “human authorship” (in line with prior case law) and appears to reject the extension of copyright to works generated with the aid of AI technology outside of the user’s control.

Copyright 52

Copyright Registration Editing Technology 52

The IPKat

FEBRUARY 12, 2024

The topics vary. By addressing the concepts of authorship and moral rights, as well as subject matter requirements, they evaluate AI and creative works to tackle the question of originality of AI-generated works. The fourth part offers a comprehensive overview of the challenges to moral rights.

Moral Rights 73

Moral Rights IP Intellectual Property Public Domain 73

IIPRD

APRIL 8, 2024

The point of human authorship is still an important element of our copyright law and we are not yet ready to give up the same. [16] 16] In my opinion, our law is not yet at a stage where we are equipped to provide such protection to AI generated artwork as, the element of human authorship is still a very important element of this law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

Ownership 134

Ownership IP Contracts Inventor 134

SpicyIP

DECEMBER 15, 2023

In their work , Senja Assinen concludes that AI-generated works are not currently protected under European Union copyright law, as they are not considered original works of authorship. In the context of copyright laws, AI-generated work poses a unique challenge in determining authorship and ownership. Copyright Office and U.S.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

The IPKat

NOVEMBER 21, 2021

As part of the 21 for 2021 project , CREATe posted about the empirical evidence on copyright exceptions, from the oldest study on the topic to future research directions. The annual review covers topics such as the definition of a work, authorship and moral rights. The review is published in 4 different parts!

Blogging 73

Blogging IP Moral Rights Copyright 73

The IPKat

JANUARY 28, 2024

I would add to that list those interested in the relationship between competing interests in copyright and core concepts of copyright such as authorship and originality. Kat Maps Some people are gifted with the ability to make any topic interesting (there are also those who have the opposite skill, of course!):

Copyright 67

Copyright Social Media Publishing Intellectual Property 67

LexBlog IP

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. We provided a summary here. It addresses many of the risks and problems that can arise with AI.

IP 52

IP Intellectual Property Copyright Invention 52

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Authorship. The next component to copyright is authorship. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Originality.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Patently-O

AUGUST 30, 2022

The case ties in directly to lots of academic work on the topic. Prior to its decision in this case, the Second Circuit appears to have not stated any clear precedent on the topic: Considering the prominence of the S.D.N.Y. Petition for Cert. Judge Easterbrook’s 1996 decision in ProCD v. Zeidenberg , 86 F.3d 3d 1447 (7th Cir.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. Other A high-end fashion brand found itself involved in a controversy last week involving the sales of traditional Indian garments.

Blogging 67

Blogging IP Intellectual Property Publishing 67

Plagiarism Today

OCTOBER 25, 2021

Just over the sixteen years I’ve been writing for this site, there’s been a marked increase in the number of news stories about plagiarism and the amount of interest in the topic. This is frustrating because it speaks to the very nature of authorship and creativity, two things that we are still struggling to define and understand.

Plagiarism 237

Plagiarism Social Media Copying Publishing 237

The IPKat

DECEMBER 2, 2022

Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. Authorship must result from an entirely human undertaking. More generally, why copyright law cannot provide the solution is the topic for a separate post. 2021/41/N/HS5/02726.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

Technology & Marketing Law Blog

JULY 4, 2022

This case involves copyright protection for fireworks systems–a relevant topic for July 4th! ” This kind of vague technical jargon is what we typically see in patent specifications, not “original works of authorship.” ” The system involves a central unit, field modules, and software to run the system.

Copyright 128

Copyright Copying Registration Marketing 128

Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

SpicyIP

NOVEMBER 29, 2021

We are looking for contributions on any contemporary topics or themes of IPR that is of relevance and significance today, in its application in India and across the world. o Co-authorship is permitted, to the limit of 2 authors, in which case, the aforementioned details of both of whom, shall be included in the accompanying mail.

Blogging 104

Blogging IP Intellectual Property Intellectual Property Law 104

Kluwer Copyright Blog

DECEMBER 12, 2021

The fitness test considers the Software Directive and all relevant case-law of the CJEU, mainly focusing on the requirements of originality and authorship. Thus, most cases would remain in the public domain under impossible authorship claim articulation. These topics are in need of further research.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models. As a consequence, the Court did not explicitly discuss the interpretation of s 9(3).

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

The IPKat

FEBRUARY 27, 2022

Meanwhile, the IPWatchdog reported US Copyright Office's decision about AI-Authorship involving a work made by an artificial intelligence software. Our PermaKat Eleonora Rosati commented on the decision here.

Blogging 76

Blogging Design Patent IP Designs 76

Kluwer Copyright Blog

MARCH 14, 2022

Coming to the more concrete legal points, the UKIPO sought opinions on resolving domestically the status of AI authorship. Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection.

IP 60

IP Public Domain Copyright Intellectual Property 60

The IPKat

OCTOBER 31, 2021

Professors Amy Adler and Jeanne Fromer will draw their comments on the mentioned topics, based on their forthcoming article in the NYU Law Review. An Empirical Study of Trademark Depletion and Trademark Crowding at the European Union Intellectual Property Office”, in co-authorship with Professor Jeanne C. Fromer (NYU).

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

Kluwer Copyright Blog

SEPTEMBER 4, 2023

In the first instance, the Court of Genoa with a judgment of 6 June 2018 attributed the authorship of the work to the claimant and confirmed violation of the copyright by RAI, which has made commercial use of the work in the context of the well-know Sanremo Festival.

Art 75

Art Editing Copyright Ownership 75

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. It is also pointed out that the lack of respect for authorship rights can be explained by the difficulty for publishers to identify and contact the artists and photographers of the works.

Art 57

Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

MAY 2, 2023

This Guidance covers some important topics. If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it (e.g., when AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response).

Government 52

Government Business Copyright Licensing 52

Kluwer Copyright Blog

DECEMBER 1, 2021

This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. Against this background, with this new public consultation the UKIPO is now looking for more concrete answers on three specific topics which could potentially lead to a Parliament intervention in the field of IP and AI. Background.

IP 70

IP Inventor Invention Intellectual Property 70

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. Critical Analysis & Suggestions Some authors have given potential solutions such as joint authorship and derivative authors, both of which require requisite analysis.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

IP Whiteboard

AUGUST 30, 2020

Another topic which has leads a rabbit hole is the question of moral rights. Moral rights include the right of attribution of authorship, a right not to have authorship falsely attributed and a right of integrity of authorship. What about moral rights? to communicate the work to the public. [7].

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Kluwer Copyright Blog

MARCH 2, 2022

The two central interconnected notions of this discussion are originality and authorship. To comprehensively understand the key implications of robojournalism, copyright lawyers should also take a close look at the topic from the angle of media and communications studies. Copyright and journalism – the status quo.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

LexBlog IP

APRIL 13, 2022

.” Under United States Copyright Law, copyright ownership derives from “authorship” of a “work.” ” And, in the absence of a “work made for hire” context (See: 17 U.S.C. §

IP 52

IP Due Diligence Ownership Licensing 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

OCTOBER 3, 2022

Submissions of papers covering a wide range of topics are encouraged, relating to how copyright law needs to be reformed in the 21st century. For more information, the programme and registration, click here.

Registration 62

Registration Intellectual Property IP Copyright 62

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Copyright only protects: original works of authorship fixed in a tangible medium. We know this is a difficult topic so if you have any questions, please leave them in the comments below. . That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67