Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. For example, art. Another mechanism to ensure the proper exercise of user rights is contained in art.

Copyright 121

Copyright Art Licensing Contracts 121

Copyright Lately

NOVEMBER 21, 2021

To be sure, the linked-to content can be the subject of copyright protection (and may or may not be infringing), but the fact that a piece of art or memorabilia is being sold “as an NFT” is pretty much meaningless from a copyright perspective. Is the sale of a single work of original art considered to be a publication?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Traverse Legal Blog

APRIL 17, 2021

What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? SuperRare – Curated artists – a premier destination in the NFT art – quality over quantity. Copyright Licensing, Digital Art and NFTs. That is it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IPilogue

DECEMBER 8, 2022

NFTs are blockchain-based assets with a distinct identification number and metadata which can represent real-world objects and cannot be copied or replaced. They are minted using smart contracts. The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

IP and Legal Filings

FEBRUARY 9, 2023

Each of the subject matter is considered as a work of art and such works when applied for protection under copyright act by the author or creator, and the entitlement over the same is granted, the work is then considered as Copyrighted work , and exclusive rights are granted to authros over his work.

Copyright 78

Copyright Contracts Copying Licensing 78

Traverse Legal Blog

JANUARY 26, 2022

The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Without a separate licensing contract (typically a web page) for the underlying asset, an essential part of the NFT transaction is unaddressed. the Bored Ape or CryptoPunk).

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

The IPKat

APRIL 19, 2023

In 2014, digital artist Kevin McCoy created a piece of digital art named “Quantum” (viewable here ) and decided to create a digital record of Quantum by recording a name on the Namecoin blockchain on 2 May 2014. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

AUGUST 3, 2022

These rights are often owned by different people, and are governed by contracts, so who owns what and how much they earn depends on the agreement between the parties. She said that she was told everything would be split equally between herself, Williams and Hugo, and so did not double check when presented with the contract.

Music 143

Music Contracts Copyright Government 143

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Art 82

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. It can be used to provide additional information about goods that may embed works of art protected by copyright.

Copyright 103

Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

NOVEMBER 18, 2021

Non-Fungible Tokens or NFTs is the latest trend that has taken the world of art and technology by storm. NFTs revolutionised the concept of ownership and digital art. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

The IPKat

DECEMBER 26, 2023

Ann Wolff, a sculptor started working with Kosta Boda, a Swedish glass manufacturer, in 1972, creating the iconic "snowball" glass lantern, a staple of Swedish household design: As of today, more than 15 million copies of the glass lantern have been sold worldwide.

Contracts 62

Contracts Designs Design Copyright Law 62

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Buying Objects ? Buying Copyrights.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

LexBlog IP

FEBRUARY 21, 2022

High-profile art NFT projects include those by artist Beeple , who sold his digital art NFT for a record-breaking $69 million, and CryptoPunks , and The Bored Ape Yacht Club , which are NFT collections commonly used as profile pictures and confer other social benefits. .”

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 236

Copyright Non-Fungible Tokens Technology Plagiarism 236

LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. The principal areas of law discussed were copyright and contracts.

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. Is "communication to the public" in Art. Is "communication to the public" in Art. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

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.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Kluwer Copyright Blog

OCTOBER 10, 2023

The introduction of art. While some member states have implemented art. Exhausting’ authorial consent for creative reuse Authorial consent draws upon a normative understanding of creativity akin to a social contract where authorship comprises space for creative reuse. 4(2) Information Society Directive.

Art 88

Art Music Copyright Copyright Law 88

LexBlog IP

DECEMBER 21, 2023

1] The Court reasoned that the defendant companies could not have possibly copied the script in question, as they did not have access to the script until after Ad Astra was written. The court also found that Jones didn’t enter into any implied contract with the agency or studios, and thus could not allege breach of contract.

Copying 52

Copying Contracts Copyright Infringement Television 52

LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Germany’s implementation of Art. Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. 17 DSMD was discussed in an earlier blog post by Julian Waiblinger and Jonathan Pukas. Scope of protection (copyrighted works) 1.

Copyright 52

Copyright Law Copyright Law Contracts 52

IP and Legal Filings

OCTOBER 19, 2022

The unawareness of parties on sale platform and freedom to set prices as one wishes may turn the high-value art to be an object for money laundering. An NFT is viewed from the viewpoint that buying one grants the buyer a proprietary right to each and every copy or iteration of the underlying work.

Artwork 61

Artwork Copying Contracts Copyright 61

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. As a lawyer by training, I am interested in the art of lawyering. I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. Protection of older works The BGH decision in Porsche 911 concerned, among other things, the protectability of the older car model Porsche 356, the predecessor model of the Porsche 911, as a work of applied art. This article is divided into two parts.

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

APRIL 24, 2023

It focusses on the state of the art of the video game industry and the role of IP, in particular copyright, throughout the lifecycle of video games as complex digital products. This effectively allows the competitor to produce a game that ‘plays’ in the same way as the original but looks and sounds different from it.

Copyright 60

Copyright Intellectual Property Copyright Infringement Copying 60

Traverse Legal Blog

APRIL 1, 2021

Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. Different types of information can be stored on a blockchain including ledger information and smart contracts.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Kluwer Copyright Blog

JANUARY 4, 2024

CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying.

Copyright Law 72

Copyright Law Law Copyright Reporting 72

JIPEL Copyright Blog

MARCH 29, 2022

Some assets that have been the subject of NFTs so far include highlight reels of games , collectibles such as trading cards , and other forms of digital arts. This has manifested in the pitting of rights of NFT purchasers against the rights of owners of the underlying art.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

The IPKat

SEPTEMBER 12, 2021

Other Kat readers with an interest in copyright policy may enjoy perusing Dr Melanie Stockton-Brown's recent zine , which makes use of ethnographic research into how film archives could make use of Art. Physical copies are also available on request to the author. 8 CDSM to widen public access to their out-of-commerce works.

Intellectual Property 78

Intellectual Property IP Branding Brands 78

IIPRD

JANUARY 5, 2023

Copy right and Indian cinema. This drawn-out procedure grants rights to several people carrying out various tasks, such as scriptwriting, music composition, art direction, and particular actor appearances [1]. In contrast to book authoring, the process of making a movie involves a lot of collaboration.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

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. I am of the view that the copyright artist resale right should also apply to NFT digital art, meaning that when it is resold the original seller receives a percentage of the subsequent sale.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

The IPKat

NOVEMBER 20, 2023

They also lacked information on the number of copies sold and their distribution among the general public or the number of online views. a brand) because the CJEU held that it may violate honest practises in industrial and commercial matters ( Art.

Art 105

Art Branding Brands Branding 105