article thumbnail

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

Kluwer Copyright Blog

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

article thumbnail

Bungie Sues Elite Tech Boss, Lavicheats & VeteranCheats For Copyright Infringement

TorrentFreak

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. Bungie says the defendants infringed its rights in multiple ways.

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

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. “The Film is a derivative work created from the Screenplay, not the other way around. For example, the early artwork featured iconic depictions of Samuel L.

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

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

The IPKat

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. A digital file (an artwork, a song, etc.), NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Yuga Labs, therefore, still owns the copyright in each NFT.

article thumbnail

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

LexBlog IP

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] 1] See Andy Warhol Found.

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.