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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

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

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

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NFTs and its Relationship with IP Rights

IP and Legal Filings

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
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A Brief Thematic Review of Non-Fungible Tokens and their Copyright

IP and Legal Filings

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. As a result, the Indian Copyright Act, 1957 grants the owner of the artwork or the licensee sole rights to discharge copyrights that have already accrued under the statute.

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WIPIP Session 8 (copyright)

43(B)log

President Ford couldn’t prevent others from copying bare historical facts. Wheaton is about no federal perpetual copyright, but it is also about what is common/public property as opposed to private property. The only mention in leg history of facts refers to the sweat of the brow doctrine. She doesn’t think those are the same.

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Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

Furthermore, the SCOTUS decision was influenced by the existence of a licensing agreement between Goldsmith and Vanity Fair, which permitted a one-time use of her photograph as an “artist reference for an illustration.” The pre-existing licensing agreement was also a significant aspect of this case.

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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

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?