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[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

The IPKat

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

LexBlog IP

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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[Guest post] 'Can't Be Evil' NFT license - A tentative NFT worldwide license standard

The IPKat

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The definition of these terms is unclear. If not for these efforts, the virtual goods market has the potential to be very competitive. Dec 21, 2021.

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Protection of Nonfungible Tokens in Nepal

IP and Legal Filings

The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible.

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

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.