Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. Is the sale of a single work of original art considered to be a publication?

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Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

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Contracts Derivative Work Intellectual Property Music 52

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 right to create derivative works.

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Non-Fungible Tokens Licensing Ownership Copying 97

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. Leone has done all three, and this action is the consequence.”

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Social Media Derivative Work Contracts Licensing 129

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works. ii) Copyright protected works.

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Copyright Public Domain Art Moral Rights 103

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. NFTs are governed by smart contracts, which divide ownership and limit transferability. Blockchain technology allows smart contracts to operate, ensuring the integrity of all sent and received data. [iv]

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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. For those willing to accept the work, expect strong warranties and artist indemnification contract clauses. for the Visual Arts, Inc.

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Licensing Fair Use Copyright Derivative Work 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

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Moral Rights Fair Use Art Social Media 52

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. As a lawyer by training, I am interested in the art of lawyering.

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Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

SEPTEMBER 28, 2021

On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

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Fair Use Non-Fungible Tokens Copyright Social Media 238

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Other contributions focus on specific case studies of optimising particular uses.

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Copyright Public Domain Marketing Marketing 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. Initially in Art.

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Copyright Related Rights Copyright Law Publishing 52

Traverse Legal Blog

JANUARY 29, 2022

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. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. BlockChains and Digital Assets.

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Licensing Non-Fungible Tokens Copyright Copying 102

LexBlog IP

JUNE 7, 2023

3:23-cv-00201) on behalf of three named artists against Midjourney, Stability AI and DeviantArt, each of which companies have developed AI-based art generators whose models were allegedly trained on billions of images scraped from the Internet without the permission of the copyright holder. Stability AI Ltd. et al , No.

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Licensing Copyright Notice Copyright Privacy 52

43(B)log

FEBRUARY 3, 2023

A bunch of people will announce their appropriation art; others won’t. Hived off of fair use and became its own defense in early 20 th century, then became swallowed by substantial similarity, which is a huge problem b/c it was about market substitution and it means the derivative work rights ballooned.

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Copyright Copying Music Fair Use 59

43(B)log

SEPTEMBER 7, 2023

Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal. But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting).

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Advertising Advertising Copyright Infringement Publishing 59

43(B)log

FEBRUARY 4, 2023

Contract instead of ©? Courts declined: colonial architexture, makeup art, waiver and release forms, telenovelas. 2) Citing factual precedents, which isn’t how this is supposed to work. In Canada, the UGC exception is limited to things that don’t substitute. Micropayments? Rosenblatt: consider implied license and laches.

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Copyright Fair Use Privacy Derivative Work 59

43(B)log

FEBRUARY 4, 2023

Romantic authorship: feminist scholars critically assess role of originality in © and image of authorship as a solitary, isolated male genius detached from his community and the background of the art in which he works (Shelley Wright). Team-authored works: dramatic, musical, audiovisual. Derivative work?

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LexBlog IP

JANUARY 10, 2024

Moreover, the copyright in an extemporaneous original performance, prompted or not, generally resides in the artist, and not the sound engineer or videographer, as Nickey Frankel has noted in writing about copyright in performance or performing arts. ” US Const., II, Section 3. ’” Dkt. 73 (“MTD”), [and Dkt.

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Ownership Copyright Government Intellectual Property 52