LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. The rampant theft has forced some artists to stop sharing their work online , limiting the ability of artists to profit from the commercialization of their IP.

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IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

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LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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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. Although they can infringement IP rights It is possible, although not necessarily lawful, for anyone to create an NFT. Mentioned previously here ].

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Dear Rich IP Blog

JANUARY 16, 2024

I have read that the "change of ownership" of this collection is considered a publication. Does paying the library for their use put the burden of ownership/copyright on them? Transfer of ownership ≠ transfer of copyright. Physical ownership of a work is not the same as copyright ownership. Is that correct?

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IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

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JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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IPilogue

MARCH 2, 2023

This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed. As seen in the Kat Von D case, treating tattoos identically to other artworks can open the door for claims in the opposite direction as well.

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IPilogue

NOVEMBER 30, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The speakers at IP Osgoode’s Bracing for Impact Conference: The Future of AI for Society told many stories and pondered many questions. Photo by Buda Photography.

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Traverse Legal Blog

MARCH 8, 2022

Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights. BASIC project’s listing agreement is internally inconsistent on the issue of ownership.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background. Shenzhen Qice Diechu Cultural Creativity Co.,

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IIPRD

JUNE 9, 2024

This blog aims to discuss the challenges and opportunities of Intellectual Property Rights in the metaverse with prominent precedents. Basics of IP in Metaverse In simple words, Intellectual Property Rights refer to legal rights that protect the intangible property of a person that arises from a person’s intellect. Mason Rothschild.

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LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. This is not only a future threat, it is already happening. What is an NFT?

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IPilogue

MARCH 1, 2022

Not asking someone if you can share their comic about depression before reposting it to your tens or hundreds of thousands of followers is irresponsible and can read as disrespectful of the time the illustrator put into the original artwork.” ” E: What has your experience been like collaborating with other makers?

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Traverse Legal Blog

OCTOBER 20, 2022

In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so. An NFT shows proof of ownership for a digital object.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background (NFT Copyright). Shenzhen Qice Diechu Cultural Creativity Co.,

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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork.

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Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

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LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] As previously reported on this blog , the Reif v.

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Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. Contracts should clearly state who owns the rights to the prompts.

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LexBlog IP

NOVEMBER 6, 2023

However, two months later, the museum filed a complaint against NYDA to block the seizure order by contesting its rightful ownership of the statue. This blog article primarily delves into the title issue presented by the CMA case. Ownership Interest In the case of Republic of Croatia v. million from a New York gallery in 1986.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

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IPilogue

MARCH 18, 2022

Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. These provisions have been used to retain Crown ownership over literary, artistic, or otherwise creative expressions. The community was enraged and the “Free the Flag” movement was afoot. . v Teranet , Inc.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., In 2019, the U.S.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated. Not all Canadian galleries oppose ARRs.

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Kluwer Copyright Blog

JULY 20, 2022

In this post, we briefly explore issues related to copyright infringement, intermediaries’ liability and remedies from the perspective of the general principles of copyright law (for previous analyses of NFTs and copyright on this blog, see here ). The Right to Create and Sell NFTs. The communication to the public right.

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Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime. The preferred form of regulation in the NFT sector is code rather than copyright law.

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Corsearch

AUGUST 2, 2023

In this blog post, we share a step-by-step guide to removing counterfeits from Amazon manually. Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. This is crucial to step in maintaining brand reputation and boosting sales on Amazon.

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The IP Law Blog

MARCH 31, 2022

Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

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The IPKat

FEBRUARY 3, 2023

This blog post speculates on the issues that may arise in that litigation and other similar cases. There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law. How do you train AI tools?

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Traverse Legal Blog

OCTOBER 20, 2022

The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Does “Fair Use” Apply to NFTs?

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IPilogue

DECEMBER 1, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. A further problem arises: where ownership of property is unknown, title escheats to the Government where the physical work is located, and physical ownership is perpetual. Photo by Buda Photography.

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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. Miramax LLC v. 25 – July 2, 2021).

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IIPRD

JANUARY 18, 2022

This blog presents an overview of what luxury fashion is doing with crypto technology in this feature, as well as what to expect as fashion moves forward into a tech-savvy future. Ownership of an NFT as a unique token must be distinguished from ownership of the material to which that NFT may be attached. What are NFTs?

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