Kluwer Copyright Blog

JUNE 19, 2023

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. TSPs are natural or legal persons responsible for the validation and security of digital signatures.

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Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. 1201(a)(2)).

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Copyright Infringement Copyright Derivative Work Social Media 139

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

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Fair Use Derivative Work Copying Licensing 52

Copyright Lately

AUGUST 25, 2023

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. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

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IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material.

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LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity.

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IP Ownership Non-Fungible Tokens Copyright Law 52

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. NFTs also may embody or use trademarks. Brand owners have already begun to catch up.

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Trademark Non-Fungible Tokens Branding Brands 62

Kashishipr

JUNE 16, 2021

With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Plagiarism Today

SEPTEMBER 14, 2022

Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Whether that is true under the law has not been tested.

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Art Artwork Plagiarism Derivative Work 341

Copyright Lately

MAY 6, 2022

Don’t get me wrong—I’m all in favor of using blockchain technology to facilitate the exchange of creative content. The same rule applies to digital artworks sold as NFTs. Want to Create New Derivative Works? What you can’t do is make your own “Dune” movie.

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Derivative Work Licensing Artwork Contracts 87

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. The Copyright Act promises the original creator some amount of control over similar and follow-on works.

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Intepat

MAY 17, 2024

Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. Despite this, the Office denied copyright registration for the AI-generated images.

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Ownership Confidentiality Contracts Copyright 52

IP and Legal Filings

JANUARY 23, 2023

In a limited sense, the IT Act, 2000’s discussion of intellectual property and protection problems omitted the issue of technological misuse from its legislative framework. NFTs are real digital assets that are traded on the blockchain, a distributed ledger technology. To create a tokenized proof of title, NFTs is employed.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 78

Kluwer Copyright Blog

JULY 16, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? This has led to increasing calls for transparency requirements.

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Blogging Law IP Fair Use 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Consequently, there is a risk that the law may lag behind contemporary creative processes, technological shifts, and societal expectations. To engage with such artworks, viewers must actively decipher cultural references and layers of meaning, often requiring a degree of cultural and artistic literacy.

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Copyright Law Art Copyright Law 85

Kluwer Copyright Blog

MAY 9, 2023

This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. As a counterpoint, some commentators note that these tools benefit many artists and content creators, whose interests should be considered when regulating how copyright law tackles these technologies.

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Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” H&M (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. The post U.S.

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