Kluwer Copyright Blog
JUNE 19, 2023
Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. Valid Transfer of Rights?
The IPKat
JULY 14, 2022
The notes further state that “ the 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9 ”. The EUIPO also clarifies that “ for the Office, the term non fungible tokens on its own is not acceptable.
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Traverse Legal Blog
APRIL 17, 2021
An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. You’ll also get a limited edition NFT golden eye vinyl, so you’ll get the album itself as part of the sale.
IPilogue
OCTOBER 7, 2022
In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction. Not all Canadian galleries oppose ARRs.
Herbert Smith Freehills
JULY 6, 2022
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". According to Nifty's rules, the highest 100 bidders were winners of a numbered edition of the artwork corresponding to the position of their respective bids.
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.
LexBlog IP
SEPTEMBER 15, 2022
They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).
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