News & Analysis as of

The Copyright Act Copyright Applications

Jaburg Wilk

Can I Own Copyrights in Content Created or Partially Created by AI?

Jaburg Wilk on

As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more

Weintraub Tobin

Award-Winning AI Art Not Copyrightable

Weintraub Tobin on

Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence...more

Bradley Arant Boult Cummings LLP

What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright...more

McDermott Will & Emery

Almost Paradise? No Authorship for AI “Creativity Machine”

McDermott Will & Emery on

The US District Court for the District of Columbia agreed with the US Copyright Office’s denial of a copyright application that sought to register visual art generated by artificial intelligence (AI) because US copyright law...more

Ballard Spahr LLP

AI’s Artistry Denied: No Copyright for AI Author

Ballard Spahr LLP on

Summary - The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office's denial of an application to register an image purportedly generated entirely...more

AEON Law

Patent Poetry: Why it’s important to register your copyrights

AEON Law on

As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more

International Lawyers Network

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – March 2022: An End to a Trip in Paradise: The U.S. Copyright Office's Position on AI-Generated Art

In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – March 2022

Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more

Neal, Gerber & Eisenberg LLP

Good-Faith Mistakes of Law Will Not Invalidate Copyright Registrations

Ignorantia juris non excusat, or, ignorance of the law is no excuse, is a familiar maxim. However, the Supreme Court ruled last week that good-faith mistakes of law will not invalidate otherwise valid copyright registrations....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

US Supreme Court Hems Challenges to Copyright Registrations

In a 6-3 decision, the US Supreme Court in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. held that a copyright registration is valid even though it contains inaccurate information—as long as the copyright holder lacked...more

Haug Partners LLP

Supreme Court to Hear Case Regarding When Providing Inaccurate Copyright Registration Information Affects a Registration’s...

Haug Partners LLP on

The Supreme Court has granted a petition for writ of certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. to determine whether invalidation of copyright registrations under Section 411(b) of the Copyright Act has an...more

ArentFox Schiff

Supreme Court Case to Watch: When and How Copyright Registrations Can Be Invalidated for Inaccuracies

ArentFox Schiff on

Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2020: Unicolors v. H&M: When White Lies Can Leave You Black and Blue

Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more

Weintraub Tobin

“Birds Of A Feather” – The Ninth Circuit Confronts “Single Unit Of Publication” Copyright Issue

Weintraub Tobin on

Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works...more

Akerman LLP

Adjustments to Copyright Act Timing Provisions for Applicants Affected by COVID-19

Akerman LLP on

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which added § 710 to the Copyright Act. § 710 explains that if the Register of Copyrights determines that a...more

Akerman LLP - Marks, Works & Secrets

Adjustments to Copyright Act Timing Provisions for Applicants Affected by COVID-19

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which added § 710 to the Copyright Act. § 710 explains that if the Register of Copyrights determines that a...more

Seyfarth Shaw LLP

COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty

Seyfarth Shaw LLP on

The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more

Womble Bond Dickinson

Echoes of Roseanne Roseannadanna: It’s always something—Federal Judge Dismisses Copyright Infringement Lawsuit Involving Gilda...

Womble Bond Dickinson on

Gilda Radner rose to fame in the late 1970s as one of the original stars of “Saturday Night Live.” Her 1989 autobiography, It’s Always Something, became a best-seller, as the comedian provided an honest and heart-wrenching...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Copyrights

Womble Bond Dickinson on

Copyrights protect original works of authorship. This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms of intellectual property, there are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Sunstein LLP

March 2019 IP Update: Copyright Owners Must Wait to File Infringement Claims

Sunstein LLP on

Section 411(a) of the Copyright Act provides that “no civil action for infringement of . . . copyright . . . shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” A...more

Stinson LLP

Supreme Court Holds Copyright Owners Must Wait to Commence an Infringement Suit Until After the Copyright Office Acts

Stinson LLP on

Although copyright registration is voluntary, the U.S. Copyright Act incentivizes copyright owners to register their works with the U.S. Copyright Office....more

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