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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

To be clear, this isn’t the first time blockchain and crypto promised that they would make artists’ lives easier or open up new opportunities, only to fail completely. NFTs (Non-Fungible Tokens), for example, were originally billed as a way for digital artists to create scarcity and enable them to charge more for “unique” works.

Copyright 231
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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. This right is given to literary and artistic work like music, etc.

IP 52
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IP and NFTs: Where are We?

LexBlog IP

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52
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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

This may be simpler in the case of employee-created works that will be converted into digital or NFT assets, but less so when an independent contributor is involved. Copyright safeguards the original digital work and gives its creator some exclusive rights, such as the ability to duplicate and distribute the work.

Law 89
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“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

NFT stands for non-fungible token. Non-fungible basically means unique. By way of comparison, a $10 note is an example of a fungible asset, because it can be replaced with another $10 note, or two $5 notes. Multiple pieces of copyright material may exist in a single digital work. What are NFTs?