The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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

43(B)log

MAY 2, 2023

The kit consisted of pictures of six pieces of Plaintiff’s art, biographical slides, and materials such as paint, paint brushes, and collage-style puzzle pieces “so that the students would have the necessary materials to create their own masterpieces in the form of mosaics and/or completely new artworks.” This didn't show market harm.

Art 59

Art Fair Use Marketing Marketing 59

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 93

Blogging Social Media Television Fair Use 93

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

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

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. None of it includes copies of images.

Derivative Work 110

Derivative Work Art Copying Fair Use 110

TorrentFreak

JULY 28, 2021

According to the plaintiffs, these people operate, oversee or participate in Ring-1, an operation that develops, distributes and markets a range of cheats for Destiny 2 and Rainbow Six Seige, among others. They want the Ring-1 website (and any copies) to be shut down, along with the cheating software itself. 1201(a)(2)).

Copyright Infringement 139

Copyright Infringement Copyright Derivative Work Social Media 139

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? ” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Image source: iStock]. cross-border transfer of personal data.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

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. Intellectual property (IP) is a legal term that encompasses a wide range of creations of the mind.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

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

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

MAY 19, 2023

Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. The plaintiff’s counsel filed an affidavit regarding costs and damages, claiming Rs.

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. Half a century later, the art market went crazy for a formaldehyde shark that sold for $12 million, the price tag having nothing to do with the physical object but instead the conceptual novelty. As technology and art advance, markets are never far behind.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] 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

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. What are statutory damages and how can you get them if your artwork is used without your permission? What qualifies as an infringement of artwork? Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 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

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

Fair Use 113

Fair Use Copyright Copying Technology 113

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

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? NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

Blogging 52

Blogging Law IP Fair Use 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . Can I copy and use a digital asset linked to an NFT? Nature of use: In what context is the IP being used?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. There is disagreement among commentators whether this is a desirable development.

Copyright 138

Copyright Fair Use Copyright Law Law 138