Traverse Legal Blog

MARCH 8, 2022

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? When you buy the Bored Ape NFT, you receive a license to the image.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 5] However, these artists claimed that their original work was used without any license and was also not sufficiently transformed from their original work which was protected under IP laws. [6]

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IPilogue

MARCH 2, 2023

Orton’s likeness was licensed through defendant WWE to defendant Take-Two Interactive Software, a video game publisher. This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed. megastar Randy Orton.

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LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

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The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

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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.

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Ownership Art Artwork Non-Fungible Tokens 52

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

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Copyright IP Ownership Copyright Infringement 89

IP Tech Blog

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

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Intellectual Property Cease and Desist Copyright Law Music 52

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Copyrighting vs Trademarking NFTs.

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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT.

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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.,

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Copyright Art Copyright Law Licensing 124

LexBlog IP

JULY 13, 2021

It is essentially a transaction ledger that is open and decentralized, so anyone, with proper access credentials, can view the ledger to the authenticity of whatever is being transferred and the chain of ownership. Because NFTs are often digital artworks, it helps to think in terms of art. The Mona Lisa is non-fungible. IP and NFT.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

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. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

Traverse Legal Blog

AUGUST 15, 2022

The basic explanation is that an NFT, or “non-fungible token” is a digital asset that links ownership to unique digital items. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. AN NFT shows proof of ownership for a digital object. NFT Technology.

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LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

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IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

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The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

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Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

MAY 30, 2022

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.

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IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Even a tweet is protected as a literary work under copyright.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Tokenisation and Ownership of Digital Assets under NFTs.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Introduction. Non-fungible tokens (“NFTs”) continue to be popular. electronic data deletion.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. In most cases, the online use of artistic and creative works is not safeguarded.

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Social Media Intellectual Property Registration Branding 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.

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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

Copyright Lately

MAY 6, 2022

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. You Should Probably Read The License. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. You Own the NFT.

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Derivative Work Licensing Artwork Contracts 87

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. It is also imperative to consider language in licensing agreements to avoid issues that may occur with licensees using marks in the virtual world. The NFTs act to authenticate these items.

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IP and Legal Filings

OCTOBER 19, 2022

Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. However, the SEC has not yet permitted the trading of any category of NFTs on the licensed digital asset exchanges SEC Notification concerning Rules, Conditions and Procedures for Operating Digital Asset Business.

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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.

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IP Non-Fungible Tokens Ownership Artwork 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. NFT License Agreement Template/Sample – [link]. Does “Fair Use” Apply to NFTs?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

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Copyright Derivative Work Fair Use Copyright Law 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 this instance however the user generating the images was in Ireland and the online software model generating the images was hosted in the US.

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Kluwer Copyright Blog

MAY 9, 2023

According to data provided by the company, by late April this year, more than 1 billion pieces of artwork had been removed from the Stable Diffusion training set using this tool (reported here ). There is disagreement among commentators whether this is a desirable development.

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Copyright Fair Use Copyright Law Law 138

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

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