Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. We address these questions in a two-part post.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Traditional artwork is valuable because it’s unique and exclusive, and NFTs attempt to impose this uniqueness onto digital works.

Artwork 40

Artwork Television Art Ownership 40

Kluwer Copyright Blog

OCTOBER 5, 2022

Most of you may well be familiar with the concept of Creative Commons licensing, but to reiterate, Creative Commons (CC) is a not-for-profit copyright licensing organisation. The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”.

Licensing 110

Licensing Technology Public Domain Non-Fungible Tokens 110

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. NFT Copyright Licensing. There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Let’s talk about it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In court, the issue in dispute was the ownership of the IP in the Cubes Solution software.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Dear Rich IP Blog

JANUARY 16, 2024

I have read that the "change of ownership" of this collection is considered a publication. Is there any chance that the poem and letters are copyrighted? Does paying the library for their use put the burden of ownership/copyright on them? Is there copyright? The author of a letter is the copyright owner.)

Ownership 59

Ownership Fair Use Artwork Copyright 59

IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

Intellectual Property 112

Intellectual Property Artwork Social Media Copyright 112

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. The second prong of the test requires a showing of “copying” and “unlawful appropriation.” Stability AI.

Copying 52

Copying Artwork Ownership Copyright 52

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 3] On July 6, 2022, Judge Robert N. ” [9]. Cattelan lacked access to Morford’s work. [10]

Copyright 52

Copyright Copying Artwork Art 52

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. There is no certification that the creator is really who they claim to be or that they legally own the copyright or any other IP right on the digital file linked to the NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Artwork based on such a notion presents challenges when attempting to establish ownership.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. A final appeal to the Italian Supreme Court followed.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

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] factor weighs in favor of fair use.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Traverse Legal Blog

JANUARY 29, 2022

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. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. BlockChains and Digital Assets.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. NFTs are viewed as the future of ownership by enthusiasts.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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

43(B)log

JULY 20, 2022

Chiusa has a copyright registration for the website obtained during this dispute. Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.”

False Advertising 72

False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

Blogging 91

Blogging Social Media Television Fair Use 91

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JULY 13, 2021

It is essentially a transaction ledger that is open and decentralized, so anyone, with proper access credentials, can view the ledger to the authenticity of whatever is being transferred and the chain of ownership. Because NFTs are often digital artworks, it helps to think in terms of art. The Mona Lisa is non-fungible. IP and NFT.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. It grants copyright holders the exclusive right to display, perform, or distribute their original works. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Any individual can buy an artwork print, but only one person owns the original piece. NFT Technology.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Intellectual Property Artwork 52

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Introduction. Non-fungible tokens (“NFTs”) continue to be popular. Conclusion.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

IIPRD

AUGUST 4, 2022

One of the most significant methods to safeguard material on social media is through copyright. The reason for this is that copyright encompasses all types of original literary, artistic, musical, theatrical, cinematographic, and other works. Even a tweet is protected as a literary work under copyright. Trademarks. Conclusion.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. Roc-A-Fella Records, Inc.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Traverse Legal Blog

AUGUST 15, 2022

The basic explanation is that an NFT, or “non-fungible token” is a digital asset that links ownership to unique digital items. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. AN NFT shows proof of ownership for a digital object. NFT Technology.

Non-Fungible Tokens 40

Non-Fungible Tokens Ownership Artwork Technology 40

Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. 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

Traverse Legal Blog

OCTOBER 6, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items (songs, pictures, videos, tweets and items in online games or virtual worlds) that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork.

Non-Fungible Tokens 40

Non-Fungible Tokens Ownership Art Artwork 40

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

Contracts 96

Contracts Law Artwork Copyright 96