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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 121
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Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

The IPKat

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

The IPKat

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? It emerges that brands should pay for the use of street artworks. This chapter reminds one that there is case law in which street artists and writers have asserted their moral rights.

Art 57
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What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

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Analyzing relationship between Contemporary art and Intellectual Property Rights

IIPRD

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. in addition to protecting the rights of creators, such legislation may help ensure that artists are compensated fairly for their efforts.

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What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

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WIPIP: In Memoriam and Fair Use

43(B)log

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. Q: Is Prince selling a work or a brand?