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Turning an AI image into reality, does that infringe in China?

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By Justin Davidson (HK) & Stanley Ng on December 22, 2024

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…

Keeping your business IP safe- Intellectual property in a disrupted employment environment

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By Georgina Hey (AU) on December 9, 2024

This article was co-authored by Bella Baker

We live in a disrupted world. One impact from this is a gig economy that increasingly favours contractors and freelancers, allowing for more flexible working arrangements. This has also led to the growing…

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The unavoidable trajectory – Hong Kong considers interplay between copyright and artificial intelligence

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By Justin Davidson (HK) & Stanley Ng on August 13, 2024

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

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By Justin Davidson (HK) & Stanley Ng on August 6, 2024

Over the past few years, the PRC courts have witnessed a significant increase in AI-related disputes (see our previous newsletters here and here). The Beijing Internet Court’s recent decision on an AI-generated voice case further enriches the jurisprudence in…

Concepts, creative ideas and copyright protection: Buster, The Brave Little Wooden Boat illustrating the limits of causal connection and copyright protection

Photo of Georgina Hey (AU)
By Georgina Hey (AU) on July 22, 2024

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…

Who is liable when an artificial intelligence system infringes copyright – a missed opportunity by the PRC Court

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By Justin Davidson (HK) & Stanley Ng on May 9, 2024

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…

Is that picture your creation or the AI program’s – an age-old question revisited

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By Justin Davidson (HK) & Stanley Ng on December 22, 2023

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

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By Cameron Harvey (AU), Daniel Posker & Stephanie Wang on December 17, 2023

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

Photo of Ani Galoyan (US)
By Ani Galoyan (US) on November 17, 2023

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

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By Andrea Shannon (US) on October 2, 2023

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…

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