IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JULY 7, 2023

8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9] Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

MAY 22, 2023

” Andy Warhol Foundation For Visual Arts, Inc. However, as Justice Kagan noted in dissent, “No man but a blockhead ever wrote but for money”—meaning that an artist may not be inclined to create art in the first place if he can’t commercialize it. . “[T]he first fair use factor.

Fair Use 91

Fair Use Licensing Copying Artwork 91

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 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.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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

JIPL Online

APRIL 9, 2021

Basically, corporations must employ someone willing to scour the internet and report such infringing content by either filing Digital Millennium Copyright Act (DMCA) takedown notices, reporting such individual posts via the methods provided by social media platforms, or both. art I, § 8, cl. Stearns, Todd J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

MAY 6, 2022

Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes. When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

TorrentFreak

JULY 17, 2022

In today’s social media-powered world, it would’ve been devasting. “Leone is an active member of the ‘ OGUsers ‘ account hacking and selling forum, where he sells (presumably stolen) social media accounts – and also ‘sells’ Destiny 2 emblems,” the complaint notes.

Social Media 130

Social Media Derivative Work Contracts Licensing 130

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. NFTs give creative and artistic people a forum to digitally assess their creative work.

Non-Fungible Tokens 76

Non-Fungible Tokens Copyright Intellectual Property Ownership 76

Copyright Lately

OCTOBER 3, 2022

So while some may take solace in the fact that this particular ruling was about the recreation of a tattoo in a video game, if the court’s ruling were to stand, it could effectively prevent anyone with a tattoo from appearing on film or even in a photo posted on social media without a jury weighing in on fair use. What Happened.

Fair Use 80

Fair Use Designs Design Licensing 80

Copyright Lately

APRIL 19, 2022

Of the Supreme Court members who will decide Andy Warhol Foundation for the Visual Arts, Inc. A comparison of Lynn Goldsmith’s photo of Prince with Andy Warhol’s art (R). Does the word “transformed” when used to describe a derivative work mean the same thing as the word “transformative” when used in the fair use inquiry?

Fair Use 77

Fair Use Art Copyright Social Media 77

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.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

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. The breathless media reports soon followed. ” However, in its Compendium of U.S.

Copying 124

Copying Non-Fungible Tokens Contracts Copyright 124