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Africa IP highlights 2021 #1: The copyright field

The IPKat

The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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

Kluwer Copyright Blog

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Valid Transfer of Rights?

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021. Dec 15, 2021. If not for these efforts, the virtual goods market has the potential to be very competitive.

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Canadian Perspectives on Artist Resale Rights

IPilogue

ARRs formed part of the Liberal Party’s re-election platform in 2021, but have been central to artist rights advocacy for many years according to CARFAC – the Canadian Artists Representation / Le Front des artistes canadiens – a non-profit organization of professional visual artists. Not all Canadian galleries oppose ARRs.

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UPDATE—New York Court Awards Statutory Prejudgment Interest to Grünbaum Estate’s Heirs

LexBlog IP

In an unprecedented holding on July 12, 2021, the Commercial Division of the New York State Supreme Court, County of New York, applied the prejudgment rule in favor of the rightful owners of two Egon Schiele paintings. ” [9] Thus, Nagy argued, the Heirs’ replevin of the Artworks “made them whole.” ” [2].

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The Growing Popularity of NFTs: How to Protect Your NFT Personal Property Rights

LexBlog IP

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. By: Joshua Durham. With an astounding $17.7

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Inside Arbitration: Cyber disputes – are there borders in the blockchain?

Herbert Smith Freehills

In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". According to Nifty's rules, the highest 100 bidders were winners of a numbered edition of the artwork corresponding to the position of their respective bids.

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