The IPKat

SEPTEMBER 5, 2022

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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Licensing Non-Fungible Tokens Artwork Contracts 95

LexBlog IP

AUGUST 31, 2023

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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LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. AI will play a rapidly expanding role in all aspects of our daily life and therefore the law must govern its applications.

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Copyright Intellectual Property Ownership Technology 67

IP and Legal Filings

OCTOBER 18, 2022

Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. NFTs are viewed as the future of ownership by enthusiasts.

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Non-Fungible Tokens Artwork Privacy Ownership 52

IPilogue

MARCH 18, 2022

It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freeing the Indigenous flag and making it available to everyone to use.

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Government Copyright Ownership Copyright Law 120

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights. Applicable IP rights. Ownership and Enforcement.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. Contracts should clearly state who owns the rights to the prompts.

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Ownership Confidentiality Contracts Copyright 52

LexBlog IP

SEPTEMBER 8, 2023

6] Although the claims were based on whether the art objects were statistically linked to Turkey and if museums had official permits showing that the artworks were legally exported rather than physical evidence, [7] these calls for repatriating ancient objects in Western museums to the lands where they originated are not unique.

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Art Artwork Ownership Government 52

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Government Regulation No. Introduction. Image source: iStock].

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 85

LexBlog IP

NOVEMBER 6, 2023

However, two months later, the museum filed a complaint against NYDA to block the seizure order by contesting its rightful ownership of the statue. Ownership Interest In the case of Republic of Croatia v. The court underscored the need to determine whether the claimants can establish ownership of the Treasure.

Ownership 52

Ownership Art Due Diligence Law 52

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii]

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Copyright Lately

MAY 6, 2022

.” Ok, ok, it’s actually not that simple, which means now I get to wake you up from your NyQuil-fueled fever dream and be the killjoy who reminds you that the metaverse isn’t some kind of self-governing Florida special district in which real world laws don’t apply.

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Derivative Work Licensing Artwork Contracts 85

IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. 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. Since this is a new phenomenon, the lack of regulation result in NFTs operating in a legal vacuum.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

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Non-Fungible Tokens Ownership Contracts Copyright 52

The IPKat

FEBRUARY 3, 2023

There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law. In summary- the availability of copyright protection for these images of besuited felines would make an ideal exam question for IP students.

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IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. The post Protection of Nonfungible Tokens in Thailand first appeared on IPLF.

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Artwork Copying Contracts Copyright 61

IPilogue

DECEMBER 1, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. A further problem arises: where ownership of property is unknown, title escheats to the Government where the physical work is located, and physical ownership is perpetual.

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Moral Rights Ownership Artwork Intellectual Property 65

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Cryptocurrencies are significantly relevant in several IP-intensive industries such as music, pharmaceutical, automotive, and luxury goods. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Image source:gettyimages].

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 65

IIPRD

JANUARY 18, 2022

The principles that govern the luxury fashion industry are similar to those that govern other industries. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

LexBlog IP

APRIL 25, 2022

AML/CFT regime related to beneficial ownership, real estate, and investment advisers and nonfinancial gatekeepers before turning its attention to the high-value art market.” ” [5] The Report only discussed money laundering, ignoring other known risk areas in the art market, such as the sale of forged or stolen artworks. [6].

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