2019 Artwork Contracts Ownership 
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.
The IP Law Blog
MARCH 31, 2022
The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.
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The IPKat
FEBRUARY 17, 2022
In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. First, held the Board, a machine cannot enter into any binding legal contract. Secondly, the doctrine is about ownership, not existence of a valid copyright.
LexBlog IP
AUGUST 13, 2021
Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] ” [9] Thus, Nagy argued, the Heirs’ replevin of the Artworks “made them whole.”
LexBlog IP
MARCH 31, 2022
The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.
Kluwer Copyright Blog
JUNE 20, 2023
Secondly, the concept of exhaustion has been increasingly marginalised and has decreased in its legal and market impact in relation to digital assets in the EU after the CJEU’s 2019 landmark judgment in Tom Kabinet. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.
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.
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