Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. Cryptocurrency has been been in the press cycle for years. It is standard.

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Non-Fungible Tokens Artwork Contracts Due Diligence 98

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 120

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

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Intellectual Property Cease and Desist Copyright Law Music 52

Traverse Legal Blog

APRIL 17, 2021

How do you know if what you’re doing is lawful? An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. You’ll also get digital collectible album artwork.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. Concluding Remarks.

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Registration Artistic Work Copyright Registering Trademarks 98

Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. ” Based on his reserved screenplay publication rights, there’s no question that Tarantino is permitted to sell copies of the “Pulp Fiction” screenplay.

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Copying Non-Fungible Tokens Contracts Copyright 125

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

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Contracts Law Artwork Copyright 96

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it.

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Derivative Work Licensing Artwork Contracts 87

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales.

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Non-Fungible Tokens Advertising Advertising Ownership 140

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. NFTs are governed by smart contracts, which divide ownership and limit transferability.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

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Art Plagiarism Artwork Graphic Design 56

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. The corporation also steps in cases of violation of the IP of the VTuber. [8]

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IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

Art 52

Art Plagiarism Artwork Graphic Design 52

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

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Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. version with further considerations (e.g.,

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Database Right Licensing Public Domain Artwork 52

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book. It emerges that brands should pay for the use of street artworks.

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Art Copyright Moral Rights Cease and Desist 57

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. Smart contracts are contracts that are used to regulate NFT transactions. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

LexBlog IP

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 52

Contracts Artwork Law Ownership 52

Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. You’re getting a license to use, copy and display this item. BlockChains and Digital Assets.

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Licensing Non-Fungible Tokens Copyright Copying 102

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

The IPKat

DECEMBER 16, 2021

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). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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Copyright IP Ownership Copyright Infringement 89

Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. So there’s a lot of nuances out there.

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Music Social Media Artwork Intellectual Property 93

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. IP Law Applicability to NFTs in the Industry. Importantly for purchasers, NBA Top Shop licenses grant owners a non-exclusive right to use , display and copy the digital art but only for personal uses and repudiates the right of commercial exploitation.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein.

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False Advertising Ownership Registration Designs 72

SpicyIP

SEPTEMBER 11, 2023

Discussing the order, Aparajita draws a parallel with the position of AI-generated works and prompts in the Indian Copyright law. Deepak Kumar on 6 September, 2023 (Delhi High Court) The Delhi High Court allowed a petition seeking cancellation of the defendant’s copyright registration on the artwork for its product “Gulcharre Sevaiyan”.

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Registration Trademark Copyright Music 105

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. the restriction against reproducing or copying copyright works) or communication right is infringed. NFT expands the range of unique items available.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Obtain legal ownership verification.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. Read the full article on World Intellectual Property Review. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? The NFTs act to authenticate these items.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40