Traverse Legal Blog

APRIL 17, 2021

What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? SuperRare – Curated artists – a premier destination in the NFT art – quality over quantity. Was that ownership transferred, and if so, to whom?

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IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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Dear Rich IP Blog

MAY 12, 2022

Dear Rich: As the representative of a particular (living) artist, I was recently contacted by the organizer of an exhibition in which original art pieces owned by various collectors will be on display -- including my client's art. In this particular situation, is my client's permission actually necessary?

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Traverse Legal Blog

MARCH 8, 2022

art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights.

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IP Law 360

JULY 27, 2023

A California art collector says a federal court got it right the first time when it dismissed him from a dispute over ownership of the movie poster artwork for "Blade Runner," arguing in briefs Wednesday that the court correctly found he had insufficient contact with Pennsylvania for its courts to have jurisdiction over him.

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IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. TOMMY JEANS. March 4, 2022. Dec 21, 2021.

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Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. The preferred form of regulation in the NFT sector is code rather than copyright law.

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IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. In a recent case i.e.

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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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Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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IPilogue

MARCH 2, 2023

Some tattoo artists may see copyright protection and the ability to raise an infringement claim as a just outcome or a validation of their art. This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”.

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The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

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IP Tech Blog

JANUARY 4, 2023

It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. As it may be inferred from the Chinese name “Digital Collection” (数字藏品, the “DC”), most NFTs in China assume the form of works of art, photographic works, etc.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. For instance, a person may spend some cash to purchase a brand-new NFT piece of art from an artist. Image Source: Gettyimage].

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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. This seems contrary to the Constitutional mandate to “promote the progress of science and useful arts.” Perlmutter, et.

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LexBlog IP

SEPTEMBER 8, 2023

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Paul Getty Museum, the Metropolitan Museum of Art, the Louvre Museum, and the Victoria & Albert Museum. [6] 5] The list of the museums whose collections were inquired about include recognizable names such as the J. 6, 2023), [link]. [2]

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”.

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LexBlog IP

JUNE 9, 2022

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Art theft is nothing new, but NFTs turn these existing precedents upside down.

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IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. 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. iii] NFTs are limited to having a single owner.

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The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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CopyrightsWorld

APRIL 29, 2022

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

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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] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

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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’). Firstly, the amendment 399 to Art. UDHR, and 15.1

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LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. However, in 5Pointz the building owner consented to the artwork installation. ” Canilao v.

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LexBlog IP

FEBRUARY 21, 2022

High-profile art NFT projects include those by artist Beeple , who sold his digital art NFT for a record-breaking $69 million, and CryptoPunks , and The Bored Ape Yacht Club , which are NFT collections commonly used as profile pictures and confer other social benefits. .” What is the (Legal) Bottom Line?

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LexBlog IP

JULY 13, 2021

Who has not heard of the $69 million price tag on Everydays – the First 5000 Days and other outlandish prices for digital art. This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. Digital art is not new, either.

Intellectual Property 59

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Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. Ownership of NFTs.

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Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. Again, NFTs are just an ownership record and a link to content. Is the sale of a single work of original art considered to be a publication? The NFT isn’t the image.

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Intepat

DECEMBER 5, 2024

Issues of ownership, counterfeit goods, and infringements are rising concerns, threatening the sustainability of creativity in the metaverse. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.

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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

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IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. If an individual knowledgeable in the relevant art would find the invention obvious, that individual would meet the criterion for determining non-obviousness.

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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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