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. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. Aparajita is a lawyer based in Bangalore.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IPilogue

OCTOBER 7, 2022

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Under current Canadian law, artists such as sculptors and painters receive no profits from their works’ resale. One commonly cited example is the late Inuit artist Kenojuak Ashevak’s print titled Enchanted Owl. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

FEBRUARY 17, 2022

Thaler then requested a reconsideration of the decision, arguing that the human authorship requirement would be contrary to the US Constitution and be unsupported by either statute or case law. First, held the Board, a machine cannot enter into any binding legal contract. Such a request was once again unsuccessful.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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. It will be intriguing to follow up case law in this area as it makes progress.

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. It will be intriguing to follow up case law in this area as it makes progress.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

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 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

LexBlog IP

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 52

Contracts Artwork Law Ownership 52

The IPKat

DECEMBER 14, 2023

The Regulations also protect the rights of authors of an original applied or fine artwork to a share in the proceeds of sale of that work as long as copyright subsists. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 1” therein. The registration was rebuttably presumed valid.

False Advertising 72

False Advertising Ownership Registration Designs 72

Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. 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. They are retaining their copyright ownership. Ownership of NFTs. NFT Platform Logistics.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Even a tweet is protected as a literary work under copyright.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. So there’s a lot of nuances out there.

Music 92

Music Social Media Artwork Intellectual Property 92

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

IPilogue

MARCH 1, 2022

Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . T: “I was very fortunate in having a father-in-law who knows a lot of lawyers. K: “I have had difficulty understanding longer contracts, especially when I was first starting out. Image by Tim Mossholder ( Unsplash ).

Social Media 106

Social Media IP Business Branding 106

LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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. What Is a Security? 5] That definition is expansive.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. NFTs are only the latest eyebrow-raising trend that involve goods and services that are intangible or intrinsically difficult to value. The NFTs act to authenticate these items. Oregon Brewing Company (897 F.3d

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 79

Non-Fungible Tokens Copyright Intellectual Property Ownership 79

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? The same rule applies to digital artworks sold as NFTs. ” But given that these guys don’t seem to be coming to the table with anything other than an admittedly fake IP rights contract, I wouldn’t hold my breath. .” Definitely. You Own the NFT.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

IP and Legal Filings

OCTOBER 19, 2022

As a result, these works are safeguarded by the Copyright Act, which grants the author copyrights unless specifically prohibited by law. Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. The copyright work is mostly related to the digital asset that supported the issuing of the NFT.

Artwork 62

Artwork Copying Contracts Copyright 62

IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. 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. Since this is a new phenomenon, the lack of regulation result in NFTs operating in a legal vacuum.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. Smart contracts are contracts that are used to regulate NFT transactions. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

Intellectual Property 67

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 67

Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. Again, NFTs are just an ownership record and a link to content. Some of the confusion surrounding the lawsuit stems from a basic misunderstanding of what NFTs actually represent.

Copying 127

Copying Non-Fungible Tokens Contracts Copyright 127

LexBlog IP

APRIL 25, 2022

When the Anti-Money Laundering Act of 2020 (“AMLA”) became law on January 1, 2021, it was described as the most influential anti-money laundering (“AML”) legislation since the USA PATRIOT Act. [2] ” [7] In 2020, Treasury defined high-value art as artwork having an estimated market value of over $100,000. [8]

Art 52

Art Marketing Marketing Due Diligence 52

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” In contrast, NFTs and brands in the metaverse bring unique ownership considerations.

Trademark 85

Trademark Non-Fungible Tokens Branding Brands 85