Traverse Legal Blog

MARCH 8, 2022

I am an attorney specializing in blockchain technology. In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Your NFT drop will license your copyright-protected digital asset (i.e., What Rights Are Licensed To Purchasers Buying NFTS?

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Non-Fungible Tokens Artwork Licensing Branding 131

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously.

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Art Copyright Ownership Non-Fungible Tokens 105

LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Or where the NFT creator also owns the IP in the underlying asset, and the asset is infringed by a third party?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. 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

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Pixels appeared first on Technology & Marketing Law Blog.

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Artwork Trademark Publishing Marketing 96

IPilogue

APRIL 11, 2022

Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs through their individual presentations. Dr. Andres Guadamuz. SuperRare).

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Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. Emphasis added.)

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Copyright Technology Artwork Blogging 62

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. The adoption and use of blockchain technology is spreading rapidly across various industries and the sports industry is no exception. However, the underlying digital artwork itself is not the NFT.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

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. IP Rights and NFTs. Can other IP rights like trademarks play a role in protecting NFTs? Copyright Act.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IIPRD

MAY 20, 2020

These rights are applied in various ways and cover a lot of fundamental aspect of the game starting from soundtrack, to characters to the artwork in the gaming codes and many more. Apart from the IP infringement, there would also be a potential End-user license violation of such unauthorized use of the games.

IP 40

IP Intellectual Property Licensing Artwork 40

IIPRD

FEBRUARY 25, 2022

It is no news that cryptocurrency and blockchain technology have taken over the sphere of digital currency. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. This concurrence of NFTs and IP has resulted in numerous issues, some of them are discussed hereunder.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. ” (Emphasis added.)

Copyright 52

Copyright Technology Artwork Fair Use 52

Kluwer Copyright Blog

JULY 14, 2023

National policymakers should ensure that such L&Es are given a mandatory character, in the sense that technological protection measures (“TPMs”) or unilateral contractual clauses (e.g. Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Proposal 3.

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Database Right Licensing Public Domain Artwork 52

Traverse Legal Blog

AUGUST 15, 2022

The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece. NFT Technology. At times the NFT may contain branding or other IP from a third party that they are working with.

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Non-Fungible Tokens Ownership Intellectual Property Artwork 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., In 2019, the U.S.

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Copyright Art Copyright Law Licensing 124

IP and Legal Filings

OCTOBER 28, 2022

The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. The current rules and regulations acknowledge the use of blockchain technology. The approach now used for cryptocurrency and blockchain in general shows this.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

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

LexBlog IP

JULY 13, 2021

Over the last several months, there have been dozens of news stories about cryptocurrencies, Blockchain, and the related technologies they have created. Blockchain is a technology that has emerged as an innovative, record-keeping technology that authenticates transactions. It all starts with Blockchain.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

IP Tech Blog

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression. The post No First Amendment Right to Confuse Consumers, High Court Holds appeared first on Global IP & Technology Law Blog.

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Branding Brands Branding Trademark 57

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. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token.

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Ownership Art Artwork Non-Fungible Tokens 52

LexBlog IP

NOVEMBER 9, 2023

According to Plaintiffs, Stable Diffusion scraped the internet to copy and store billions of copyrighted images without consent or licenses to train the programs. As we previously wrote , the Andersen case relates to “Stable Diffusion,” an AI platform that generates images in response to user prompts.

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Copyright Infringement Artwork Copyright Copying 52

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. They must not be used by anyone other than the artist himself.

Designs 87

Designs Design Copyright Copyright Infringement 87

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

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

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Trademark Registration Copyright Patent 59

IP Tech Blog

AUGUST 17, 2022

For example, the original Tsingtao bottle was sold with a very large label bearing all the typical and well known Tsingtao artwork and trademarks. Next time, a more feisty defendant might try to challenge this case law before the Beijing IP Court. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. Pertinently, Getty Images has granted a license to an AI art generator for use of images from its platform.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. The preferred form of regulation in the NFT sector is code rather than copyright law.

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Artwork Contracts Ownership IP 98

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

MAY 19, 2023

From that perspective, regardless of Warhol’s creativity it is understandable to view Goldsmith as the owner of rights to her work and see that Warhol had simply made too much use of the photograph in replacing it to ethically and equitably avoid paying licensing fees.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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. For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 85

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. The contract should detail the scope, duration, and limitations of the license.

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Ownership Confidentiality Contracts Copyright 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. To read these, along with a round up of IP developments around the country, and world, read on below. Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? vs Ms Dominick Pizza & Anr.

IP 59

IP Trademark Advertising Advertising 59

LexBlog IP

AUGUST 17, 2022

For example, the original Tsingtao bottle was sold with a very large label bearing all the typical and well known Tsingtao artwork and trademarks. Next time, a more feisty defendant might try to challenge this case law before the Beijing IP Court. 7) causing harm to other’s exclusive rights to use registered trademarks.”

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. This has led to increasing calls for transparency requirements.

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Blogging Law IP Fair Use 52

LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The IPKat

FEBRUARY 3, 2023

To add additional complexity to the situation, under the Stable Diffusion license , Stability AI claims no rights in the outputs of the model as long as the user has complied with use restrictions designed to prevent the dissemination of harmful materials. an integral and essential part of a technological process; 4.

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Litigation Copying Copyright Designs 143