Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Design Rights.

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Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

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. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

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Registration Artistic Work Copyright Registering Trademarks 98

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.

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Designs Design Copyright Copyright Infringement 87

The IPKat

MARCH 13, 2022

It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. In 2014, the Milan Court of First Instance dismissed the action in its entirety. A final appeal to the Italian Supreme Court followed.

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Copyright Law Copyright Law Artwork 103

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. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IPKat

APRIL 19, 2023

The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. and the best-known quantum (mechanics) Kat - Schrödinger's Kat Second, as this case clarifies, an NFT is born with the digital artwork.

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Non-Fungible Tokens Artwork Contracts Art 120

Kluwer Copyright Blog

JUNE 19, 2023

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 91

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. You will also find a summary on this page.

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Licensing Non-Fungible Tokens Copyright Copying 102

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. Domain Names – A domain name, in simple terms, refers to the online identity of a brand or business. How to Ensure Compliance with IP?

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Social Media Intellectual Property Registration Branding 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. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. The cat painting itself does not usually immutably exist on the blockchain. What is the (Legal) Bottom Line?

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Ownership Art Artwork Non-Fungible Tokens 52

Corsearch

AUGUST 24, 2023

Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand. Copyright infringement refers to the unauthorized use of protected works.

Branding 52

Branding Brands Branding Copyright Infringement 52

43(B)log

JULY 20, 2022

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.” 1” therein. Note effects on the scope of their rights against descriptive uses.]

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False Advertising Ownership Registration Designs 72

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

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. 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

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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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. We see no necessity to add the elements of novelty and concreteness to implied-in-fact contracts with reference to authors.

Contracts 96

Contracts Law Artwork Copyright 96

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. The only mention in leg history of facts refers to the sweat of the brow doctrine. Q: Why are photos rejected less than artwork? Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable.

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Copyright Moral Rights Artwork Art 59

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

The IPKat

APRIL 6, 2022

A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana , ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in that context.

Copying 98

Copying Copyright Artwork Law 98

Kluwer Copyright Blog

JUNE 20, 2023

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. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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Artwork Contracts Ownership IP 98

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

Corsearch

AUGUST 14, 2023

Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand. Copyright infringement Copyrights are granted to authors and creators of written and multimedia works, such as books, movies, music, photographs, video games, and artwork.

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

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. We see no necessity to add the elements of novelty and concreteness to implied-in-fact contracts with reference to authors.

Contracts 52

Contracts Artwork Law Ownership 52

TorrentFreak

FEBRUARY 10, 2023

Each of those tweets contains one piece of original content for reference. As shown in the image below, the image at the top right is the original tweet from the official @GenshinImpact account ( 1 ), and the two images at the bottom are the alleged copies ( 1 , 2 ) published by @merlin_impact.

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Copying Artwork Publishing Copyright Infringement 82

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. Ralph Lauren also filed for other software related goods in class 9 such as downloadable multimedia files containing artwork, all authenticated by non-fungible tokens, and downloadable computer software for use as a cryptocurrency wallet in class 9. Read the full article on World Intellectual Property Review.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

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.

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Fair Use Copyright Copying Technology 113

LexBlog IP

MAY 19, 2023

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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Fair Use Art Licensing Derivative Work 52

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]

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Fair Use Licensing Cease and Desist Derivative Work 130

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 85