Tag archives: Copyrights

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 court had already held that a computer is no more than a tool by which the … Continue reading

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 marketing system for their use, were not liable for copyright infringement, as they had not authorised the developer’s infringement of Campaigntrack’s … Continue reading

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, in the United States District Court for the Middle District of Tennessee “to address the … Continue reading

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. In addition, the Offices will offer three public roundtables:  one panel on NFTs and patents … Continue reading

China quietly updates its Copyright Law

On 11 November 2020, the Standing Committee of the National People’s Congress passed the amendments to the China Copyright Law (the Amendments), which will take effect on 1 June 2021. This is the third time the Copyright Law has been amended since it was promulgated in 1990. The first comprehensive amendment took place in 2001, … Continue reading

Government edicts doctrine precludes legislators from claiming copyright protection

In a 5-4 decision, the United States Supreme Court held in Georgia et al v. Public.Resource.Org., Inc. (No. 18-1150) (April 27, 2020) that the state of Georgia is not entitled to copyright protection for its official annotated code. The Copyright Act grants expansive rights for “original works of authorship.” 17 U.S.C. § 102(a). Georgia claimed … Continue reading

Shifting Paradigms – A new report for the future of copyright in Canada

Over the past year the House Heritage Committee has been preparing its Shifting Paradigms report which was released in May 2019. The report considers and discusses some of the current challenges and possible solutions pertaining to the ecosystem in which artists work. It also speaks to reinvigorating copyright in Canada. This report is of interest … Continue reading

Recent developments for IPR protection in China

On November 5th 2018, at the inauguration ceremony of the first-ever China International Import Expo held in Shanghai, President Xi Jinping reassured investors, especially foreign enterprises, on the administration’s determination to protect their intellectual property rights in China. In the speech, President Xi announced that in order to significantly increase the cost of infringing IPR … Continue reading

Copyright, cryptocurrency and video games

Video games, such as Grand Theft Auto®, remain popular around the globe, and two recent matters made headlines on two different aspects of the games: copyright and cryptocurrency. Copyright On August 16, 2018, the federal trial court in Manhattan issued a ruling in a case involving the video game “Grand Theft Auto V” (“GTAV”) and … Continue reading

Amended Australian IP laws receive Royal Assent with little fanfare

On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day. As the name indicates, the primary focus of the new legislation is to implement the recommendations made … Continue reading

Public laws, private standards and copyright “fair use”

On July 17, 2018, the federal appeals court located in Washington, D.C. issued a ruling in a case involving an intersection of copyrighted material (standards) and non-copyrightable material (laws and regulations). The appeals court remanded the matter back to the trial court, to determine under what circumstances a non-profit organization could publish private standards as … Continue reading

Trial Court ruling: game over Team Copyright

We had previously covered the March 22, 2017 U.S. Supreme Court copyright ruling on designs on cheerleader uniforms. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the U.S. Supreme Court ruled that the two-dimensional designs on cheerleaders uniforms were at least in theory eligible for copyright protection. On August 10, 2017, seven … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

Rebranding 4.0: Why authenticity matters to socially-aware consumers, and how to convey it

Increasingly affordable renewables, coupled with consumers’ sensitivity to environmental, social and governance (ESG) issues, are driving a profound shift in energy markets worldwide. Nowhere is this more apparent than in brand equity, and the trust levels displayed by the public towards traditional energy businesses versus green, dynamic start-ups. Rebranding is a powerful tool to close … Continue reading

Promoting an innovation economy – Australian Government responds to Productivity Commission’s report into IP arrangements

We recently published an article on the potential impact on the Productivity Commission’s Inquiry Report on Intellectual Property Arrangements (Report) on Australia’s innovation economy. The Australian Government has now responded to the Report, supporting the Commission’s recommendations to reform the patent system, but stopping short of embracing the extensive copyright overhaul recommended in the Report, … Continue reading

US Copyright Office and electronic signatures

On May 18, 2017, the US Copyright Office proposed some regulatory changes in its requirement for a handwritten, wet signature in order to a record a document with the Copyright Office. The Copyright Office has proposed permitting electronic signatures in certain circumstances. Background In the US, the Copyright Office receives three types of documents for … Continue reading

Copyrightability of private standards in federal regulations

On February 2, 2017, a federal trial court judge in Washington, D.C. ruled, in a 55-page opinion, that private standards developing organizations (“SDOs”) do not lose their copyright or trademark protection if a federal regulation adopts their standards. Background This case, American Society for Testing and Materials v. Public.Resource.Org, Inc., Case. No. 13-cv-1215 (TSC) (D.D.C. … Continue reading
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