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Art Copyright Intellectual Property Protection

International Lawyers Network

The Ownership Debate: Intellectual Property in AI. Who Does It Belong To?

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI?...more

K&L Gates LLP

Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

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What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...more

Seyfarth Shaw LLP

The Legal Landscape of Fan Art

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In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and...more

Seyfarth Shaw LLP

Reader Poll on Stability AI Outputs—The Results Are In!

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Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI....more

Hogan Lovells

Beijing Internet Court grants copyright protection for AI artworks, but copyrightability debate of AI-generated output continues

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The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November...more

Baker Donelson

Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

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INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more

Katten Muchin Rosenman LLP

Key Questions Remain After 'Autonomous' GenAI Work Denied Copyright Protection by Federal Court

On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Copyright Office, holding that digital artwork created “autonomously” by an artificial intelligence...more

Seyfarth Shaw LLP

California Court Casts Doubt on Copyright Claims Relating to AI Images

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Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated...more

Arnall Golden Gregory LLP

Painting the Town: The Legal Landscape of Commissioned Murals

Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Saul Ewing LLP

New Class Action May Shed Light on the Transformative Nature of Generative AI Works of Art

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The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of...more

Robinson+Cole Data Privacy + Security Insider

Artists Are Selling AI-Generated Images of Mickey Mouse to Provoke a Test Case

Several artists, frustrated with Artificially Intelligent (AI) image generators skirting copyright laws, are using AI-image generators to produce images of Mickey Mouse and other copyrighted characters to challenge the...more

Holland & Knight LLP

Image-Generating AI: Trends and Legal Challenges

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Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Saul Ewing LLP

Recent Developments and Challenges in Protecting Intellectual Property Created With Artificial Intelligence

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The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present...more

Dunlap Bennett & Ludwig PLLC

The Board Game Designers Guide to US Intellectual Property Law Cont. - Part 2

While board games, as well as game boards, parts, and certain methods of play, can be patented if they fulfill the strict requirements listed above, it is usually impractical to try and get a patent for a tabletop game. ...more

Hogan Lovells

Finally some clarity? CJEU declares Art. 17 DSM-Directive to be in line with fundamental rights.

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Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more

Smart & Biggar

Generative art NFTs - what brand owners need to know about copyright protection

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This is part 4 of our IP Update series exploring the evolving landscape for Internet, Digital Media and e-Commerce. Overview Non-Fungible Tokens (NFTs) continue to generate significant commercial value for brands through...more

Felicello Law PC

Warhol Again Begs the Question: What is Art?

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Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more

Sunstein LLP

Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright

Sunstein LLP on

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We previously wrote about Mr. Thaler’s unsuccessful...more

Proskauer - Blockchain and the Law

Will NFT Piracy Compel Changes to the Digital Millennium Copyright Act?

So you bought an NFT. You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. You probably paid for the NFT upfront—and if the artist is popular, you may...more

Hogan Lovells

EU Copyright Directive: Further clarity on Art. 17 at EU level but also national concerns

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While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next two weeks with the guidelines of the EU Commission on Art. 17 of the DSM...more

Foster Garvey PC

Sports & Entertainment Spotlight - March 2021 #3

Foster Garvey PC on

Welcome back and to those of you who celebrated a belated Happy St. Patrick’s Day. While I can’t promise that this installment of the Spotlight will be the “hair of the dog,” it should still make for a great accompaniment...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Copyright - The World in U.S. Courts: Spring 2019

Copyright Act Does Not Apply to Proposed Sale of Allegedly Unlawful Copy of Sculpture to US Buyer Because All Relevant Conduct Occurred Outside the US and No Infringing US “Predicate Act” Otherwise Exists....more

Amundsen Davis LLC

Your Derivative Artwork May Be Fantastic, But Is It Transformative?

Amundsen Davis LLC on

Andy Warhol pioneered it, and many others since him have done it also, although few have been celebrated as much, or sued for it as often, as Warhol. “It” is art work that is transformative – taking someone else’s work and...more

Foley Hoag LLP - Making Your Mark

Eat Your Art Out: Intellectual Property Protection for Food

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. ...more

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