Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

JUNE 22, 2022

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.

Non-Fungible Tokens 118

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 118

The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

The IPKat

JANUARY 18, 2023

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

Artwork Contracts False Advertising Art 82

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

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

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MAY 19, 2023

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.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52