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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Role of Intellectual Property in Entertainment Industry

IIPRD

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Tarantino Asks Court to Dismiss Miramax’s ‘Pulp Fiction’ NFT Lawsuit

TorrentFreak

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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Fatal Mistakes Made By The ‘Bored Ape Yacht Club’ & ‘Crypto Punks’ NFT Projects

Traverse Legal Blog

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law.

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US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

AI-generated Kats The Review also rejected Thaler’s argument that AI can be an author under copyright law because the work made for hire doctrine allows for “non-human, artificial persons such as companies” to be authors. First, held the Board, a machine cannot enter into any binding legal contract.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

The IPKat

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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An Idea Doesn’t Have to be Novel to be Stolen (In California)

The IP Law Blog

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. 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.