Remove 2012 Remove Artwork Remove Copying
article thumbnail

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 116
article thumbnail

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.

Artwork 98
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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.

article thumbnail

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.

Copyright 105
article thumbnail

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 ).

Art 55
article thumbnail

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 ).

Art 52
article thumbnail

The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.

IIPRD

It safeguards in the following ways: Safeguarding the Competitive Advantage: By doing the patent of their own inventions, the startups can prevent the competitors from copying their innovations and works, thus securing unique market positions. Trademarks and Registered Trademarks, Control of Corp Diseases, 2012.