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
Copyright
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…
Is that picture your creation or the AI program’s – an age-old question revisited
The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In a case decided as early as 1985 [1], in a time long before the internet era, the English…
Who’s in control? Liability for copyright infringement by contractors and software developers
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate…
Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement
The Lawsuit
Another week, another lawsuit against generative AI. This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023…
U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages
The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised…
NFTs and IP – Your opportunity to comment
On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023.
Overview of IP Law In Canada – The Intellectual Property Review
The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in…
Copyright Review Board – non-human authors not allowed
On February 14, 2022, the Review Board of the United States Copyright Office (the “Board”) refused copyright registration (for the second time) of a two-dimensional artwork entitled “A Recent Entrance to Paradise.” Although the work was an original work fixed in a tangible medium of expression, the Board found that it could not be registered due to a lack of human authorship.