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Non-fungible Tokens: Commercializing Exclusive Digital Art- A Companion Piece

IPilogue

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May.

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Copyright Laws & Trademark Infringement for NFTs

Traverse Legal Blog

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is a Non Fungible Token?

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Can We Reexamine the Role of Blockchain in Copyright Now?

Plagiarism Today

However, those familiar with copyright law, immediately began to point out flaws in the plan. However, for artists, rightsholders and those familiar with copyright, it was completely predictable. A rethinking of blockchain and crypto’s role in copyright, and an examination of both if and how it might actually help.

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NFTs and Copyright: Some Burning Issues

Kluwer Copyright Blog

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. Image by Riki32 via Pixabay. The Right to Create and Sell NFTs.

Copyright 133
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IP infringement in Metaverse

IIPRD

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. Copyright Infringement. Later it was settled. Patent Infringement.

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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

Instagram [vi] are two further intriguing cases to study that are currently ongoing (copyright infringement case involving embedded photographs). Contrary to trademarks, copyrights do not need to be used in commerce for the owner to be able to enforce their ownership.

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IP and NFTs: Where are We?

LexBlog IP

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Roc-A-Fella Records, Inc. Dash , Case No. 1:21-cv-05411, U.S.

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