IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. The submission of hard copies of the logos or decorations is essential.

Designs 88

Designs Design Copyright Copyright Infringement 88

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. MOCI Regulation No.

Non-Fungible Tokens 84

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 84

The IPKat

JULY 9, 2023

However, readers seeking to understand the principles governing the application of copyright to this type of work will not be satisfied only with this book. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The use of cease-and-desist letters is widespread too.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 4. Proposal 8.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. The corporation also steps in cases of violation of the IP of the VTuber. [8]

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Traverse Legal Blog

APRIL 17, 2021

Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers. You’ll also get digital collectible album artwork. If you are a seller, what are your terms, what are you licensing regarding the artwork?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work. Reasons of Theft of Intellectual Property.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. The purpose of intellectual property law is to provide a legal framework to protect these creations from being copied or stolen. Trade Secrets: A trade secret is an intellectual property that isn’t registered with the government.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 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

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. What was sold are “NFTiffs,” which are digital passes that NFT holders can redeem for digital artwork based on CryptoPunks.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

AUGUST 22, 2022

[Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson? Zimbalist, 38 P.2d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 128

Public Domain Artwork Copyright Marketing 128

LexBlog IP

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. There are two cases that could help NFT owners better understand how to protect their property under copyrights. Article 10.1

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation 143

Litigation Copying Copyright Designs 143

Copyright Lately

MAY 6, 2022

.” Ok, ok, it’s actually not that simple, which means now I get to wake you up from your NyQuil-fueled fever dream and be the killjoy who reminds you that the metaverse isn’t some kind of self-governing Florida special district in which real world laws don’t apply. Buying Objects ? Buying Copyrights.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Government (Biden Administration).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices.

Artwork 60

Artwork Copying Contracts Copyright 60

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. NFTs are governed by smart contracts, which divide ownership and limit transferability. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 76

Non-Fungible Tokens Copyright Intellectual Property Ownership 76

IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR). Both agreements are governed by the World Intellectual Property Organization.

Intellectual Property 67

Intellectual Property IP Government Invention 67

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

SpicyIP

SEPTEMBER 11, 2023

Deepak Kumar on 6 September, 2023 (Delhi High Court) The Delhi High Court allowed a petition seeking cancellation of the defendant’s copyright registration on the artwork for its product “Gulcharre Sevaiyan”. The concerned patent agent was directed to file and affidavit explaining the position leading up to the abandonment of the application.

Registration 105

Registration Trademark Copyright Music 105

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact. The sole technology behind cryptocurrencies is called blockchain technology.

Intellectual Property 65

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 65

IIPRD

JANUARY 18, 2022

The principles that govern the luxury fashion industry are similar to those that govern other industries. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. NFT expands the range of unique items available.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. artworks as TMs. Grimaldi are trending in that direction.] Banksy failed to register a bunch of his?

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

APRIL 20, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. University Of Houston System, No. 21-735 (2021).

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52