Judge William Alsup expressed broad concerns about a proposed $1.5 billion settlement deal between Anthropic PBC and a number of author-plaintiffs, questioning whether the agreement adequately protects class members and Anthropic. At a September 8 preliminary hearing, Judge Alsup denied
Copyright
Hong Kong Government takes legislative steps to encourage artificial intelligence development
In August 2024, we reported on the Hong Kong Government’s two-month public consultation on potential revisions to the Copyright Ordinance (Cap. 528) (“CO”) in response to developments in generative artificial intelligence (“AI”). The public consultation was…
Turning an AI image into reality, does that infringe in China?
On 27th November 2023, the Beijing Internet Court upheld that an AI generated work can be protected by copyright if the work reflects an author’s choice of expression and has originality (see our earlier blog post here). Almost…
How DC and Marvel lost their “Superheroes” shield
Superbabies Limited (“Superbabies”) creates comics called “The Super Babies,” featuring a team of superhero babies. On May 14, 2024, Superbabies filed a heavily animated petition (“Petition”) to cancel the marks SUPER HERO (U.S. Reg. No. 8,25,835) and SUPER HEROES (U.S.…
The unavoidable trajectory – Hong Kong considers interplay between copyright and artificial intelligence
On 8 July 2024, the Hong Kong government launched a two-month public consultation on potential revisions to the Copyright Ordinance (Cap. 528) in view of the rapid developments in artificial intelligence (“AI”), especially generative AI. The 52-page consultation…
PRC hands down first ruling on AI voice infringement
Concepts, creative ideas and copyright protection: Buster, The Brave Little Wooden Boat illustrating the limits of causal connection and copyright protection
By Georgina Hey & Jerome Messiha
Content developers and creatives are generators of ideas and concepts. The point at which any concept transforms into a copyright protected work is often a vexed issue in the creative (and other) spaces.
A…
United States Supreme Court sidesteps discovery rule question and allows copyright owners to recover damages without time limit
The Copyright Act provides that a copyright owner must bring an infringement claim within three years of its accrual. See 17 U. S. C. §507(b). In Warner Chappell Music, Inc., et al., Petitioners v. Sherman Nealy, et al., 601…
Who is liable when an artificial intelligence system infringes copyright – a missed opportunity by the PRC Court
In our previous newsletter here, we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for…
Trade Secrets Triumph: Mega RMB201.54m Verdict
On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD…