Authorship

Artificial Intelligence (AI), Authorship, Originality, Software

(Max Planck Institute for Innovation and Competition)/ /1 Comment

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable.  Recent discussions have focused on AI-aided and AI-generated output, concentrating on whether an AI system can…

Artificial Intelligence (AI), Authorship, Exceptions and Limitations, Originality, Text and Data Mining (TDM), United Kingdom

(University College London)/ /1 Comment

  On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. The UKIPO underlines the crucial role played by AI when it comes to innovation and creativity. With this consultation, the Office seeks to assess whether the current IP…

Authorship, Case Law, Germany, Jurisdiction, Moral rights

(NORDEMANN)/ /Leave a comment

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an…

Artificial Intelligence (AI), Australia, Authorship, Case Law, Ownership

(Macquarie Law School)/ /1 Comment

In July this year, the Federal Court of Australia handed down a decision in Stephen L. Thaler [2021] APO 5, which allowed listing AI system DABUS as an inventor in a patent application. It is interesting to explore what implications this decision could have in the field of copyright. About the DABUS decision The DABUS case refers…

Authorship, Originality, Ownership, United Kingdom

(University of Glasgow, CREATe)/ /2 Comments

Interest in eSports (‘electronic sports’ or competitive video gaming) has accelerated during the COVID-19 pandemic. With many traditional face-to-face sports suspended, eSports have become an attractive viable competitor for self-isolating new and existing fans alike. With no geographic discrimination, an all-digital medium and even ‘anyone allowed to play’ tournament models, eSports is now a nascent…

Authorship, Case Law, Contract, Ownership, Software, United Kingdom

, (Bristows LLP)/ /1 Comment

Summary The IPEC has held than an employee produced software in the course of his employment, despite his claims he did most of his work in his own time, at home, and on a personal computer. In the decision, Penhallurick v MD5 Limited [2021] EWHC 293 (IPEC), Hacon J suggested that such factors did not…

Authorship, Case Law, Ownership, United Kingdom

, (Bristows LLP)/ /1 Comment

The relative contribution of a joint author is a factually complicated and difficult matter to assess. The re-trial of Martin and another v Kogan [2021] EWHC 24 (Ch) confirmed this to be the case. We have previously written about this authorship dispute regarding the film Florence Foster Jenkins [here] and [here]. In this post, we…

Artificial Intelligence (AI), Authorship, European Union, Ownership

, (Institute for Information Law (IViR)) and (Vanderbilt University Law School)/ /Leave a comment

Introduction The impact of Artificial Intelligence (AI) on intellectual property (IP) law undoubtedly ranks as one of the most-discussed topics of 2020 among legal academics and practitioners (including on this blog). Following initiatives at WIPO, the EPO and several national IPOs (including the UKIPO and the USPTO), EU institutions have now also become active in…

Artificial Intelligence (AI), Authorship, European Union

(NORDEMANN)/ /2 Comments

Rembrandt has been dead for 350 years. He is still admired as one of the greatest painters of all time. No wonder then, that it would be a charming idea to revive Rembrandt. “Can the great Master be brought back to create one more painting?” The answer is yes, at least for a team of…