#iplaw — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #iplaw, aggregated by home.social.
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Purely AI-generated content does not have copyright protection in the US and "Prompts are Not Authorship".
Federal law, rulings by the U.S. Copyright Office, and federal court decisions (like Thaler v. Perlmutter) have firmly established that human authorship is a mandatory baseline requirement for copyright.
AI-Assisted Works: If a human uses AI as a tool to assist in the creative process, the work may qualify for copyright protection, but only for the human-authored components.
The "Prompts are Not Authorship" Rule: The U.S. Copyright Office has clarified that simply writing a prompt (even a very detailed or creative one) does not give the user control over the expressive elements of the final output.
https://www.copyright.gov/ai/ “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection. Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.” https://www.copyright.gov/newsnet/2025/1060.htmlIn March 2, 2026, SCOTUS denied certiorari in Thaler v. Perlmutter, leaving intact the D.C. Circuit's ruling that the Copyright Act requires copyrightable works to be authored by a human being. https://www.scotusblog.com/cases/thaler-v-perlmutter/
See also: Copyright Protection for AI-Generated Content Under U.S. Law
https://ailegalauthority.com/ai-generated-content-copyright/ -
Does copyright protect your AI-generated content in EU? Apparently not. Content that is entirely generated by artificial intelligence is not protected by copyright. EU copyright law has strictly human-centric foundation.
Daniel J. Gervais: 'When you put your name on an article that's written by ChatGPT or Claude, you're basically putting a provenance mark on it saying: I take responsibility for this. I haven't written it, but I'm putting my name on it. That doesn't give you copyright, but it does give you liability for the content' https://euobserver.com/232898/interview-does-copyright-protect-your-ai-generated-content-in-europe-lets-find-out/
Gervais, Daniel J. and Shemtov, Noam and Marmanis, Haralambos and Zaller Rowland, Catherine, The Heart of the Matter: Copyright, AI Training, and LLMs (September 21, 2024). Available at SSRN: https://ssrn.com/abstract=4963711 or http://dx.doi.org/10.2139/ssrn.4963711
"Munich Local Court has held that AI generated logos do not enjoy copyright protection. Neither mere prompting nor the selection between several AI suggestions is sufficient as a human creative contribution. For businesses, this is ambivalent. On the one hand, content generated purely by AI can hardly be protected on an exclusive basis, which has implications for brand building and content strategies" https://www.germanlawinternational.com/intellectualproperty/copyright/from-the-printing-press-to-ai-how-the-eu-plans-to-modernize-copyright-law-164154/
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EU General Court (15 July 2026, T-555/25): "OPENAI" is descriptive and can't be an EU trade mark for AI software & services. "open AI" = accessible/unrestricted AI under Art. 7(1)(c) EUTMR. Reputation doesn't cure it — only the Art. 7(3) acquired-distinctiveness route remains.
https://www.nicfab.eu/en/posts/openai-eu-trademark-descriptive/
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I would never work with an agency that doesn’t understand copyright.
https://waxy.org/2026/06/the-wholesale-plagiarism-of-obscure-sorrows/
#Qontour #CopyrightInfringement #Copyright #IP #IPLaw #AISlop
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What happens when a digital twin stops mirroring reality and begins to shape it?
Our new article in Law and Philosophy uses Baudrillard’s theory of simulacra to rethink IP protection for AI-driven digital twins.
The claim: do not protect the simulacrum as a “work”; protect the human-directed machine performance that produces it.
DOI: https://doi.org/10.1007/s10982-026-09579-2
#LegalTheory #AI #IPLaw #digital twins
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SECTION 8 (continued)
https://www.archives.gov/founding-docs/constitution-transcript#1-8To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; // #IPLaw
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; // #BombingCivilians #boats
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RE: https://tldr.nettime.org/@tante/116102639569199871
This is an excellent piece and I encourage you to read it in full.
I agree completely. We see these arguments all the time, and @tante has done a great service in highlighting and walking through the holes so we can better address these straw-man arguments.
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Landmark Ruling | #TV #Piracy "described as a turning point for the audiovisual industry – the definitive closure of the websites servicio-iptv, servicioiptvccam and servicioiptvpremium for serious breaches of Spain’s #IPLaw." www.advanced-television.com/2026/01/20/s... ©️ #audiovisual
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🎷🧬🌐 James Boyle connects jazz riffs, gene sequences & the early web to one core idea in THE PUBLIC DOMAIN: creativity depends on a shared cultural commons, and that commons is quietly shrinking.
🎙️ Hear how expanding IP rights can fence off culture itself on the Future Knowledge #podcast.
🎧 Listen now ➡️ https://futureknowledge.transistor.fm/episodes/the-public-domain
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Top Gun: Maverick just notched two copyright wins, issued days apart on opposite coasts.
Together, they show where copyright stops helping you—and where it stops you cold.
Full story up now on Copyright Lately:
https://copyrightlately.com/two-new-top-gun-copyright-rulings/
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James Boyle explains why concentration of market power is dangerous—but when oligopoly locks arms with IP, it becomes a near-unbreakable set of manacles around the public domain.⛓️
🎙️ Learn more in the latest Future Knowledge #podcast.
🎧 Listen now ⤵️ https://futureknowledge.transistor.fm/episodes/the-public-domain
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Nintendo sues Palworld devs over alleged Pokémon-like mechanics, but mid-case patent changes and prior use claims put the case on shaky ground. It's a battle for control, not cash.
#Nintendo #Palworld #Pokémon #GamingLawsuit #PocketPair #GameDev #PatentWar #MonsterCollecting #IPLaw #GamingNews #T#techi
Read Full Article Here :- https://www.techi.com/nintendo-palworld-patent-battle-pokemon-lawsuit/
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Is unauthorised fashion #upcycling lawful? Not according to French first instance court #iplaw #copyright #trademark #law https://ipkitten.blogspot.com/2025/07/is-unauthorised-fashion-upcycling.html?m=1
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Sam Hong joins Dorsey & Whitney's Patent group, bringing extensive IP strategy expertise from tech, robotics, and bioinformatics sectors. Strategic hire enhances firm's technological legal capabilities. #IPLaw #Technology
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Gonna be blunt here… the fact AI has given large companies an incentive to want copyright/trademark/IP law reformed should probably be seen as a positive.
All those complaints about Disney and the RIAA, and Nintendo trying to take down fan projects and people losing millions to unfair court cases and legal demands… and now we may see that change.
By sheer greed and technological ‘luck’, we may see these companies tear each other to shreds.
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»#JackDorsey and #ElonMusk would like to ‘#delete all #IPlaw’: #AIcompanies are facing numerous #lawsuits alleging that they’ve violated #copyright to train their #models.« https://techcrunch.com/2025/04/13/jack-dorsey-and-elon-musk-would-like-to-delete-all-ip-law/?eicker.news #tech #media #news
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I was busy switching firms. The courts were busy issuing copyright rulings. Here's everything I missed over the past 3 weeks—Rule 11 sanctions, AI lawsuits, disco flashbacks, and more—all tidied up in one place before I sweep them behind the couch.
https://copyrightlately.com/whats-up-spring-cleaning-edition/
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Authors are humans.
Machines are tools.‘In a landmark opinion over the copyrightability of works created by artificial intelligence, a (US) D.C. Circuit panel ruled on Tuesday that human authorship is required for copyright protection.’
https://www.courthousenews.com/dc-circuit-rules-ai-generated-work-ineligible-for-copyright/
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🔹 𝗞𝗲𝘆 𝗦𝗸𝗶𝗹𝗹𝘀: Patent Filing, IP Law, AI & Software Patents, Prior Art Search, Patent ProsecutionJoin us in shaping the future of AI innovation! 𝗔𝗽𝗽𝗹𝘆 𝗻𝗼𝘄 𝘁𝗵𝗿𝗼𝘂𝗴𝗵 𝘁𝗵𝗲 𝗹𝗶𝗻𝗸 𝗯𝗲𝗹𝗼𝘄:
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#Hiring #PatentLawyer #IPLaw #AI #Software #Innovation #StartupJobs
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Cohere Joins The Club Of AI Companies Sued For Breaching Copyright #AI #Cohere #GenAI #Copyright #AITraining #ContentRights #Publishers #IPLaw @newsalliance #newsalliance
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This item I found in my grocery store may LOOK like a regular cheapo Hot Wheels car, but it's actually a legal maneuver by the Mattel company to protect a toy trademark going back at least to 1984, having NOTHING to do with Hot Wheels.
In 1984 Mattel introduced a line of plastic robot toys called "Robo Force." The leader of the Robo Force robots was named Maxx Steele. The line was short-lived, but around 1990 Mattel used "Max Steel" as the name of their 12" action figure line designed to compete with Hasbro's 12" GI Joe line. The line was popular in the U.S. for may years, and even when it faded here, it remained popular in Latin America for years more. In various forms, it was sold up until 2022.
The franchise also spawned two TV series, multiple direct to DVD movies (mostly issued as toy premiums) and a live action (which was a commercial and critical failure). But in total, though little known, this was a BIG franchise for Mattel.
We regress to intellectual property law here (with the proviso that I am NOT a lawyer and this is not legal advice), but unlike Copyright, which is in place for fixed (except when Disney changes the law again) period, Trademarks are intended for active business properties, and must be both used AND legally defended over time to remain active. In the past, Mattel has used a variety of ways to "use" dormant trademarks, such as limited edition trading cards, and limited edition (often cheaply done and very short run) action figures sold at places like Comicon San Diego.
But this is a DIFFERENT way of doing things. I suspect this isn't the first time Mattel has used this tactic, but it's the first time I can recall seeing it in the wild. If you look VERY close at the name on this hot-rod, it is Max Steel, and next to the name is a nearly MICROSCOPIC "registered trademark" symbol. (An upper-case "R" with a circle around it. The trademark is now active and being used, for legal purposes anyway. I can't read the full line because of the reflections, but it's something along the lines of "Max Steel Customs," a fictional entity that now can be slapped on most any custom car design they happen to issue, whenever the their lawyers tell them it's time to kick the skateboard of trademark a little further down the road. It's almost diabolically clever. Don't be surprised to see this again on a different car, or maybe the "Polly Pocket Racing Team," or a custom racing dump-truck called "He-Man"
Sorry, this sort of stuff just fascinates me. (And if any actual attorney sees something I got wrong, please feel free to call me out on it.)
#trademark #copyright #toys #mattel #hotwheels #IPLaw #IntellectualProperty #law -
The EU SEP Regulation: A Proportionate Step in the Right Direction [Promoted content] https://www.euractiv.com/section/digital/opinion/2052092/?utm_source=dlvr.it&utm_medium=mastodon #competition #EUregulation #EuropeanParliament #FRAND #IPlaw
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A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? Full story up now on Copyright Lately!
https://copyrightlately.com/as-publishers-beat-internet-archive-are-libraries-the-real-losers/
