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Authorship in the AI Age – Part 5 – Can generative AI with or without human support be genuinely creative?

In my previous post (Part 4 in the series) I discussed a range of topics including whether derivative works are treated as original in some jurisdictions, for example the EU,…

Authorship in the AI Age – Part 4 -Derivative Works, Homogenisation and Pastiche

In my previous post, Part 3 - I put forward a proposal for a new legal standard, which I call “Conceptual Orchestration”. This follows on from my discussion of the…

Lego Compatibility Statement does not amount to Trade Mark Infringement

When presenting at the IPTA conference last week in Adelaide, I discussed the recent New Zealand Court of Appeal decision in Zuru v Lego. Blake Knowles of IP Australia asked…

Authorship in the AI Age. Part 3 – A Proposed New Legal Standard – “Conceptual Orchestration”

In my second post I looked at the insidious influence of cognitive debt and outlined some of its ramifications. Traditional copyright has always assumed human authorship, which necessarily involves personal…

Authorship in the AI Age – Part 1 – The Search for a Wider Understanding Regarding Authorship and Fair Use

Last week I had the pleasure of going to a private viewing of the new feature film "Moss & Freud" which was produced by leading Kiwi film producer Matthew Metcalfe.…

Further Wake-up call for Artists and Authors!

When coming across a Getty Image online it is difficult to avoid seeing its prominent watermark accompanied by a notice that “Images may be subject to copyright” but as we…

Trials with AI “jurors” like ChatGPT, Grok, and Claude still some way off!

UNC professor of law in jurisprudence and ethics, Eric Muller, acted as an observer and commentator of a mock trial in the US. He was not overly impressed and pointed…

Battle of the Ubers Begins

On thursday, I had an interesting day in the Auckland High Court, appearing with Lucy Hudson, seeking an interim injunction on behalf of our client, Uber Group, a well-established Whangarei…

Welcome to Commodity-Land

I don’t often agree with Winston Peters, but I do on this. I’m pleased to finally see one of our leaders asking some hard questions about Fonterra’s proposed sell-off of…