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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

Secondly, the concept of exhaustion has been increasingly marginalised and has decreased in its legal and market impact in relation to digital assets in the EU after the CJEU’s 2019 landmark judgment in Tom Kabinet. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98
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Growth of Virtual Youtubers and IP Complications

IIPRD

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

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US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. First, held the Board, a machine cannot enter into any binding legal contract. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

Copyright 145
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Unroll the Scroll Painting: Inside the Chinese Art Market and Its Regulatory Landscape

LexBlog IP

Concentrated in two major art hubs–Beijing (Galleria Continua in 2004 and Pace Gallery in 2008) and Shanghai (Perrotin in 2018, Almine Rech Gallery in 2019, and Lisson Gallery in 2019), these international galleries collectively formed a competitive force against the domestic galleries. Challenges: exchange control and tax.

Art 52
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Africa IP highlights 2021 #1: The copyright field

The IPKat

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork).

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Inside Arbitration: Cyber disputes – are there borders in the blockchain?

Herbert Smith Freehills

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". His US$650,000 bid was the third highest.

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NFT Update:  5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs 

LexBlog IP

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.