Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. NFTs are viewed as the future of ownership by enthusiasts.

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Non-Fungible Tokens Artwork Privacy Ownership 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.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

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Non-Fungible Tokens Artwork Editing Contracts 144

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. The study also found that the market continued to grow after the implementation of the resale right in 2006. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] .” [2]. ” [10]. ” [10]. ” [10].

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Artwork Art Reporting Ownership 52

IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

Music 131

Music Non-Fungible Tokens Social Media IP 131

TorrentFreak

JANUARY 5, 2022

I]t could also mislead others into believing they have the rights to pursue similar deals or offerings, when in fact Miramax holds the rights needed to develop, market, and sell NFTs relating to its deep film library,” the movie studio wrote. For example, early artwork featuring Samuel L. Tarantino wholeheartedly disagreed.

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Non-Fungible Tokens Copyright Copyright Infringement Artwork 133

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Obtain legal ownership verification. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. The City of Vernon’s heretofore long-forgotten and dormant copyright ownership was suddenly—and uncomfortably for Council--put into the spotlight.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

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.,

Copyright 124

Copyright Art Copyright Law Licensing 124

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.

Blogging 90

Blogging Social Media Television Fair Use 90

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1”

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

MARCH 13, 2022

A final appeal to the Italian Supreme Court followed. It is important to recall that such appeals only concern the correct interpretation of legislative provisions.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

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Non-Fungible Tokens Contracts Marketing Marketing 59

Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². However, there is a growing market of unauthorized NFTs, with creators simply lifting the intellectual property of brands, artists, and celebrities.

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Branding Brands Branding 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. Introduction. Non-fungible tokens (“NFTs”) continue to be popular.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

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.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. An identifiable sign, symbol, or statement that sets one product or service apart from competitors in the market is called a trademark. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. They must get copyright subscriptions for original photos, audio recordings, videos, artwork, and text.

Social Media 52

Social Media Intellectual Property Registration Branding 52

LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98

Artwork Contracts Ownership IP 98

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Although copyright registration is not required, there are several benefits to doing so. Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

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.

Derivative Work 78

Derivative Work Registration Copyright Public Domain 78

IPilogue

MARCH 1, 2022

Not asking someone if you can share their comic about depression before reposting it to your tens or hundreds of thousands of followers is irresponsible and can read as disrespectful of the time the illustrator put into the original artwork.” ” E: What has your experience been like collaborating with other makers?

Social Media 106

Social Media IP Business Branding 106

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

While arguments exist that infringement of trademarks in connection with virtual goods and services should be covered by the “natural zone of expansion” doctrine, best practice would be to file applications for important brands for virtual versions of the brand’s goods or services and to ensure enforcement efforts cover this new market.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Although copyright registration is not required, there are several benefits to doing so. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Corsearch

AUGUST 2, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Copyright Copyrights are granted to authors and creators of written and multimedia works such as books, movies, music, photographs, videogames, and artwork.

Branding 52

Branding Brands Branding Reporting 52

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. That disclosure may therefore be consideration for a promise to pay.

Contracts 52

Contracts Artwork Law Ownership 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. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 75