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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?

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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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When Do Defendants Have Access to Copyrighted Works Posted to the Internet?–Cooley v. Target Corp.

Technology & Marketing Law Blog

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. None of the following works supported the access inference: Work #3: posted in 2012 to Facebook and got 10 likes, 2 comments, and 2 shares. Reposted to Instagram in 2016 and got 103 likes and 5 comments.

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Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art world

Kluwer Copyright Blog

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Egyptian Case Wali v. Kurasov: Where inspiration meets imitation in the art world

Kluwer Copyright Blog

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Loui Vuitton: In Charge Of 18,000 Intellectual Property Rights

IIPRD

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

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