The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

DECEMBER 16, 2021

It’s December and time for what is now an annual ritual for this Africa Correspondent – The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

SEPTEMBER 16, 2021

The first was a breach of contract claim which alleged that in the 2015 assignment agreement, the league represented that it was assigning the copyright in the logo to the team free and clear of any claims, and that the third-party copyright claim is evidence that the league breached that representation.

Social Media 52

Social Media IP Intellectual Property Artwork 52

The IPKat

APRIL 19, 2023

The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., a jpeg) stored on the cloud. are applicable to it.

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Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

JUNE 27, 2022

The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. remain fully applicable to NFTs.

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Non-Fungible Tokens Contracts Copying Art 135

Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. Contracts should clearly state who owns the rights to the prompts.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

Traverse Legal Blog

MARCH 8, 2022

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). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

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Non-Fungible Tokens Artwork Licensing Branding 131

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. Although they can infringement IP rights It is possible, although not necessarily lawful, for anyone to create an NFT. Mentioned previously here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IPilogue

APRIL 11, 2022

Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs through their individual presentations. Dr. Andres Guadamuz.

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Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 98

Artwork Trademark Publishing Marketing 98

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ).

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. i] It is possible to view NFTs technology as an original method of capitalising on intellectual property.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

IPilogue

MARCH 1, 2022

Not asking someone if you can share their comic about depression before reposting it to your tens or hundreds of thousands of followers is irresponsible and can read as disrespectful of the time the illustrator put into the original artwork.” ” E: What has your experience been like collaborating with other makers?

Social Media 106

Social Media IP Business Branding 106

The IP Law Blog

MARCH 31, 2022

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.

Contracts 96

Contracts Law Artwork Copyright 96

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets. IP Implications under NFTs. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

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Registration Artistic Work Copyright Registering Trademarks 98

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. This distinction becomes especially imperative in the context of the IP rights associated with NFTs. IP Law Applicability to NFTs in the Industry. Essentially, an NFT is a digital token that can serve as a certificate of ownership.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background (NFT Copyright). Shenzhen Qice Diechu Cultural Creativity Co.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background. Shenzhen Qice Diechu Cultural Creativity Co.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. ” The transfer of ownership or copyrights of the specific assets or works to another person is typically not specified in such smart contracts.

Artwork 61

Artwork Copying Contracts Copyright 61

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Cryptocurrencies are significantly relevant in several IP-intensive industries such as music, pharmaceutical, automotive, and luxury goods. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Image source:gettyimages].

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

The IPKat

FEBRUARY 17, 2022

First, held the Board, a machine cannot enter into any binding legal contract. In addition, the preamble to the DSM Directive specifies that the authors and performers that shall be able to rely on the provisions on contracts therein shall only be natural persons, thus excluding from the scope of application non-human authors and performers.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] ” [9] Thus, Nagy argued, the Heirs’ replevin of the Artworks “made them whole.”

Artwork 52

Artwork Art Reporting Ownership 52

LexBlog IP

SEPTEMBER 23, 2022

Interior Design contracts cases rarely make headlines. the contract for interior design and decorating services, including purchasing furniture, authorized a ten percent (10%) markup on shipping and related services but did not provide for any other markups, commissions, or fees. In the U.S. District Court for the Eastern Dist.

Designs 52

Designs Design Contracts Artwork 52

IP and Legal Filings

SEPTEMBER 30, 2022

they’reThey’re issued on these assets using blockchain technology and smart contracts, which generate unique digital signatures and establish their security. Some consider NFTs to be contracts, while others consider them to be derivatives. Security Law. As a result, there’s no categorization of NFTs under the SCRA.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

SpicyIP

SEPTEMBER 11, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Delhi HC refuses to restrain use of PolicyBazaar trade marks on Google AdWords programm International IP Developments US Govt.

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Registration Trademark Copyright Music 105

LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). The phrase “investment contract” is not defined in the Securities Act. Howey Co. , That definition is known as the Howey test.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

LexBlog IP

MARCH 16, 2023

Plaintiffs’ Allegations that Moments are an “Investment Contract” and Should Have Been Registered The Amended Complaint in Friel makes allegations that would be run-of-the-mill in cases involving the buying and selling of stocks, but seeks to chart new territory for NFTs: that they were improperly sold as unregistered securities.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

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. First, NFT’s have enormous significance in the IP world. NFTs are unique tokens based on blockchain technology and used as digital assets.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52