Herbert Smith Freehills

JULY 6, 2022

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". His US$650,000 bid was the third highest.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.

Artwork 52

Artwork Journalism Art Marketing 52

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Without clarity and guidance on how applicants should describe such goods, overbroad protection will benefit first filers and genuine businesses that want to enter this space will suffer. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

MARCH 16, 2023

Plaintiffs’ Allegations that Moments are an “Investment Contract” and Should Have Been Registered The Amended Complaint in Friel makes allegations that would be run-of-the-mill in cases involving the buying and selling of stocks, but seeks to chart new territory for NFTs: that they were improperly sold as unregistered securities.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Thus, it is highly plausible, if not evident for some, that this case can fall more within the boundaries of inspiration and not pure imitation of protected artwork.

Art 56

Art Plagiarism Artwork Graphic Design 56

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.

Art 105

Art Moral Rights Artwork Editing 105

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Thus, it is highly plausible, if not evident for some, that this case can fall more within the boundaries of inspiration and not pure imitation of protected artwork.

Art 52

Art Plagiarism Artwork Graphic Design 52

The IPKat

DECEMBER 14, 2023

The Regulations also protect the rights of authors of an original applied or fine artwork to a share in the proceeds of sale of that work as long as copyright subsists. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Copyright Lately

FEBRUARY 6, 2022

The HitPiece Business Model. In a January 24 interview with the “ Business Builders ” podcast that has since been deleted (are you sensing a pattern here?), Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022. HitPiece, We Have A Problem. So there’s a lot of nuances out there.

Music 92

Music Social Media Artwork Intellectual Property 92

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.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

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.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model.

Publishing 85

Publishing Art Contracts Artwork 85

IPilogue

MARCH 1, 2022

This article features three artists I met over the course of my research: Kaitlin Chan (they/she), an autobiographical cartoonist from Hong Kong; Tabathia Smith (she/her), a laser-cutting small business owner; and. It was a scary moment for me as a small business, as I couldn’t imagine trying to rebrand.

Social Media 106

Social Media IP Business Branding 106

LexBlog IP

OCTOBER 18, 2023

27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York art market participants to take care to avoid attorney conflicts of interest. A September 27, 2023 decision by a Manhattan trial court, Aicon Art LLC v. Aicon Contemporary LLC , No. 650580/2023, 2023 N.Y. 33340(U) (N.Y.

Art 40

Art Confidentiality Law Artwork 40

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. NFTs are unique tokens based on blockchain technology and used as digital assets. First, NFT’s have enormous significance in the IP world.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. NFTs are unique tokens based on blockchain technology and used as digital assets. First, NFT’s have enormous significance in the IP world.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

JULY 14, 2023

use of indigenous content, model contracts and/or national laws on limitations and exceptions). archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). The Policy paper does not aspire to be carved out in stone but rather represents a work-in-progress that can be updated into a 2.0

Database Right 52

Database Right Licensing Public Domain Artwork 52

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

IIPRD

AUGUST 4, 2022

Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Subscribe to copyright for original videos, audio recordings, pictures, writing, and artwork.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. NFTs are only the latest eyebrow-raising trend that involve goods and services that are intangible or intrinsically difficult to value. The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

IIPRD

NOVEMBER 23, 2022

These advancements are of great area of interest to societies, businesses, international organisations, governments etc. Layouts, hardware modelling, software interfaces, logos, artwork, and product design can be protected by the mixture of other remaining IP rights which includes trade dress, tradename rights and design rights.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

OCTOBER 19, 2022

With existing risks of NFT sales transaction, the Emergency Decree on Digital Asset Businesses may not be applicable to all types of NFT. The fast growth of the NFT business and the lack of oversight and control by competent agency could turn this new business opportunity into a money laundering site. 2537 (1994).

Artwork 60

Artwork Copying Contracts Copyright 60

LexBlog IP

APRIL 15, 2022

1] With eight years of experience in this nascent market, Christie’s started its independent business by establishing a branch in Shanghai and obtaining an auction license shortly afterward. 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

Non-Fungible Tokens 75

Non-Fungible Tokens Copyright Intellectual Property Ownership 75

The IP Law Blog

JANUARY 12, 2023

If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. Lastly and most importantly, the company should understand who they are doing business with. After looking at all known IP assets, look into what may be unknown.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JANUARY 12, 2023

If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. Lastly and most importantly, the company should understand who they are doing business with. After looking at all known IP assets, look into what may be unknown.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

SEPTEMBER 8, 2021

With the onset of the COVID 19 pandemic, several businesses and industrial sectors were negatively affected. According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. NFTs may be represented in the form of memes, artworks, or videos.

Intellectual Property 64

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 64

LexBlog IP

DECEMBER 19, 2022

The decision represents a win for businesses in the arts sector forced to abruptly halt their business activities during the pandemic. Cuomo’s executive orders limiting non-essential business activities, Phillips announced its postponement of the New York Auction until June 22, 2020. [2] ” [12].

Art 52

Art Contracts Music Business 52

IP and Legal Filings

FEBRUARY 7, 2023

Many businesses are currently working to develop the Metaverse or different kinds of mixed reality settings that integrate several technologies, including AI, blockchain, VR, and AR. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

LexBlog IP

APRIL 25, 2022

” [5] The Report only discussed money laundering, ignoring other known risk areas in the art market, such as the sale of forged or stolen artworks. [6]. ” [7] In 2020, Treasury defined high-value art as artwork having an estimated market value of over $100,000. [8] The Report specifically focused on “high-value art.”

Art 52

Art Marketing Marketing Due Diligence 52

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. The Aura platform was created by partnering with Microsoft and Consensys (a blockchain software business). NFTs and Intellectual Property Rights.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40