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

Kluwer Copyright Blog

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

Copyright Lately

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence.

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No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

LexBlog IP

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly.

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How to Avoid Pitfalls on the Way to Decentralized Disney

Copyright Lately

The same rule applies to digital artworks sold as NFTs. According to the group’s statement on Medium , the rights held by ViacomCBS in “Teenage Mutant Ninja Turtles” did not extend to the 1987 animated series: “Our legal team is also working to get in direct contact with Viacom to keep things clear between all parties.

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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? There is disagreement among commentators whether this is a desirable development.

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Miramax, Tarantino and a Fight Over Bright Shiny Objects

Copyright Lately

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. The NFT isn’t the image.

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NFT Update:  5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs 

LexBlog IP

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v. 53]. * * *. Damon Dash , No.