IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 97

IP Tech Blog

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et. In response, Thaler filed a complaint in the district court challenging the denial of his copyright application.

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Copyright Copyright Law Artistic Work Artwork 147

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain.

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Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. A digital file (an artwork, a song, etc.),

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Non-Fungible Tokens Contracts Copying Art 135

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .”

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Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .”

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Copyright Artwork Public Domain Copyright Law 98

The IPKat

MARCH 13, 2022

According to the Italian Supreme Court, not as far as allowing one to reproduce a work in its entirety. A final appeal to the Italian Supreme Court followed. It is important to recall that such appeals only concern the correct interpretation of legislative provisions.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 120

Art Copyright Registration Fair Use 120

Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022. What’s Next?

Music 93

Music Artwork Social Media Intellectual Property 93

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. Statement of TMNTNFT’s IP lawyer, March 31, 2022. This seems to be the distinction that attorney Marc-Olivier Deblanc was trying to draw in his March 31, 2022 statement.). What you can’t do is make your own “Dune” movie. You Own the NFT.

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Derivative Work Licensing Artwork Contracts 87

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 111

Kluwer Copyright Blog

APRIL 5, 2023

In late 2022, the Court of Venice issued an interesting order restraining the use of the image of a well-known piece of Renaissance art by Leonardo da Vinci: the Study of the Proportions of the Human Body in the Manner of Vitruvius , also known as the Vitruvian Man. [1] Pen and brown ink with wash over metalpoint on paper (34.4

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Public Domain Copyright Law Artwork 98

The IPKat

FEBRUARY 3, 2023

There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law. In this instance however the user generating the images was in Ireland and the online software model generating the images was hosted in the US.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 121

Copyright Art Copyright Law Licensing 121

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” 3:21-cv-00545 (M.D. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background (NFT Copyright). Shenzhen Qice Diechu Cultural Creativity Co.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background. Shenzhen Qice Diechu Cultural Creativity Co., The ruling of the court.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. On September 8, 2022, the parties filed a notice of settlement. Rakoff’s May 18, 2022 order denying Mason Rothschild’s motion to dismiss Hermès’ trademark claims. Miramax, LLC v. Nike, Inc.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. A presentation of the report was made by Hon. Katpost on that here.

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Copyright IP Social Media Copyright Infringement 92

IP and Legal Filings

FEBRUARY 7, 2023

In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership. When Tanishq introduced its “Romance of Polki” collection in 2022, it became the first Indian jewellery company to enter the metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

LexBlog IP

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] 3] On July 6, 2022, Judge Robert N. According to the mediator’s report, an in-person mediation occurred on October 13, 2022, but the matter did not settle. [6] Cattelan , 2022 WL 2466775 (S.D.

Copyright 52

Copyright Copying Artwork Art 52

Kluwer Copyright Blog

MAY 9, 2023

According to data provided by the company, by late April this year, more than 1 billion pieces of artwork had been removed from the Stable Diffusion training set using this tool (reported here ). The Council adopted its common position in December 2022. There is disagreement among commentators whether this is a desirable development.

Copyright 136

Copyright Copyright Law Fair Use Law 136

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

LexBlog IP

SEPTEMBER 2, 2022

The artworks stolen by the Nazis are the last prisoners of World War II. In his absence, the Nazis took over his home and seized his artworks, which included the Klimt paintings. After a long-lasting legal battle over the ownership of the painting in the U.S. – Ronald Lauder, Woman in Gold.

Art 52

Art Artwork Law Ownership 52

LexBlog IP

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 52

Art Copyright Registration Fair Use 52

LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. Oct 18, 2022). ” These rights are not transferable by the artist, who has these rights for life (or longer for works created before December 1, 1990), even after he or she has transferred ownership of the physical work or of the copyright in the work.

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Social Media Art Fair Use Moral Rights 52

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] ” [7] In 2020, Treasury defined high-value art as artwork having an estimated market value of over $100,000. [8] Fornaris, Kyle R.

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Art Marketing Marketing Due Diligence 52

Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Kluwer Copyright Blog

AUGUST 7, 2023

In this case, the author of the original work retains ownership of the original, while the author of the derivative work holds rights to the creative additions they have made. Thus, Warhol possessed rights over the creative contributions he made, but so did Goldsmith, as her creation served as the foundation for the final artwork.

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Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

JUNE 15, 2022

In my recent attempt at spring cleaning, I mentioned that “ the Copyright Office’s ‘refusal to register a two-dimensional artwork claim in the work titled ‘A Recent Entrance to Paradise’ (‘Work’).” 2021-2347, argued on June 6, 2022 (argument starting at 42:45). 263, 319-320 (2020) ].

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Inventor Copyright Art Intellectual Property 52

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

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Music Copyright Ownership Copyright Law 99

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections. Not all Canadian galleries oppose ARRs.

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Art Moral Rights Artwork Editing 105

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40