Remove Artwork Remove Contracts Remove Copyright Law Remove Derivative Work
article thumbnail

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.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

[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.

Artwork 82
article thumbnail

NFTs: New Frontiers for Trademarks

LexBlog IP

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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

article thumbnail

NFTs: New Frontiers for Trademarks

IP Tech Blog

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. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

article thumbnail

Licensing NFTs: You Need to Know Who Owns What You’re Selling

Traverse Legal Blog

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. BlockChains and Digital Assets.

Licensing 102
article thumbnail

How to Avoid Pitfalls on the Way to Decentralized Disney

Copyright Lately

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. Want to Create New Derivative Works? Definitely. The warning signs were all there. (By