Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. While not all marketplaces are geared towards offering such passive income, some do.

Artwork 98

Artwork Contracts Ownership IP 98

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

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Traverse Legal Blog

APRIL 1, 2021

The underlying digital asset is copyright protected and licensed to the buyer of the NFT. Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. NFTs are tokens.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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 ). You Should Probably Read The License.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

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

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.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 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

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. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

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Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

AUGUST 20, 2021

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. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

The IPKat

JUNE 27, 2022

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. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

TorrentFreak

JULY 1, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. ‘History Rewritten’ Tarantino is “shockingly” trying to mischaracterize the license agreements by leaving out critical parts, Miramax informs the court. NFT Copyright Battle.

Non-Fungible Tokens 91

Non-Fungible Tokens Copyright Artwork Copyright Infringement 91

IPilogue

APRIL 11, 2022

He explained that an NFT typically includes only information about the artwork’s location. The actual artwork is not stored within the NFT because storing large amounts of data on a blockchain is fairly expensive. She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork.

Non-Fungible Tokens 106

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

IP and Legal Filings

OCTOBER 19, 2022

Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. However, the SEC has not yet permitted the trading of any category of NFTs on the licensed digital asset exchanges SEC Notification concerning Rules, Conditions and Procedures for Operating Digital Asset Business.

Artwork 61

Artwork Copying Contracts Copyright 61

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 IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Kluwer Copyright Blog

JULY 14, 2023

use of indigenous content, model contracts and/or national laws on limitations and exceptions). Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ).

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

The IPKat

DECEMBER 16, 2021

The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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.

Publishing 85

Publishing Art Contracts Artwork 85

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

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

IIPRD

AUGUST 4, 2022

Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Subscribe to copyright for original videos, audio recordings, pictures, writing, and artwork. Build your market reputation. Maintain your distinct brand identity. .

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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. Tokenisation and Ownership of Digital Assets under NFTs. IP Implications under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

AUGUST 13, 2022

If a person buys an art piece in the form of NFT from an organization he/she can re-sell the same, and there won’t be an issue but if the same person tries to reproduce the same artwork, then it can lead to legal issues as it depends on the licensing terms of that organization.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Government Art 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. It is also imperative to consider language in licensing agreements to avoid issues that may occur with licensees using marks in the virtual world. The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40