Plagiarism Today

AUGUST 2, 2022

For almost as long as the blockchain has existed, supporters and advocates of it have claimed it would revolutionize the way we consume art, handle copyright disputes and earn revenue from artistic works. To put it mildly, those promises have not come to fruition. It’s a simple idea, but one that hasn’t taken off yet.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. Catalda Fine Arts , 191 F.2d The Office has answered that question with a resounding “maybe.”

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Ownership Copyright Registration Public Domain 98

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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Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IPilogue

JULY 15, 2021

Life now imitates art as Beavan battles Disney for attribution for her work. Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them? Conflict arises in contracts’ terms. There are, however, some exceptions.

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Licensing Contracts Design Designs 105

Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. Creators relationship histories may become relevant to contractual negotiations.

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Copyright Moral Rights Artwork Licensing 52

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. A new para 2 to art. of the Directive.

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Publishing Contracts Art Copyright 132

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. The “Crypto Punk” brand name is a trademark.

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The IPKat

OCTOBER 25, 2023

This would be contrary to arts. 205 of the Belgian Code of Economic Law (that regulates rights of performers), Belgian Constitution , art. ONB, which joined the proceedings, alleged that the transfer under the Royal Decree is allowed under art. As such, it would be contrary to EU copyright directives.

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Related Rights Art Journalism Government 130

43(B)log

AUGUST 11, 2022

Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. A: family supplies raw material for work of art. WFH: an AI can’t sign a written contract or be an employee, so it doesn’t really fit. Gerhardt: compare right of publicity, moral rights?

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Ownership Moral Rights Copyright Brands 80

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 legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., This is generally considered to be the first ever created NFT.

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Non-Fungible Tokens Artwork Contracts Art 121

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. I am of the view that the copyright artist resale right should also apply to NFT digital art, meaning that when it is resold the original seller receives a percentage of the subsequent sale.

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Non-Fungible Tokens Advertising Advertising Ownership 140

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. While not all marketplaces are geared towards offering such passive income, some do.

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Artwork Contracts Ownership IP 98

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

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Art Ownership Fair Use Copyright Infringement 52

IPilogue

OCTOBER 7, 2022

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”. Inuit Art Foundation’s website. Not all Canadian galleries oppose ARRs.

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Art Moral Rights Artwork Editing 105

Copyright Lately

NOVEMBER 21, 2021

Again, NFTs are just an ownership record and a link to content. To be sure, the linked-to content can be the subject of copyright protection (and may or may not be infringing), but the fact that a piece of art or memorabilia is being sold “as an NFT” is pretty much meaningless from a copyright perspective.

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Copying Non-Fungible Tokens Contracts Copyright 129

LexBlog IP

NOVEMBER 23, 2022

Blockchain-based transfers also make it easier to track ownership and automate the transfer of assets, leading to more liquidity, transparency, and accessibility. Other tokens are unique and not fungible with other tokens, e.g. because they represent digital pieces of art or physical assets. For example, under Art. digital art).

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Intellectual Property Ownership Non-Fungible Tokens Art 40

Traverse Legal Blog

JANUARY 26, 2022

The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e.

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Non-Fungible Tokens Licensing Copying Ownership 97

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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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. For example, art. Another mechanism to ensure the proper exercise of user rights is contained in art.

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Copyright Art Licensing Contracts 126

IPilogue

JUNE 14, 2022

Swift, in deciding to re-record her albums, ensured that her new (Taylor’s) versions gave her all three types of intellectual property right over her catalogue, guaranteeing full ownership. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

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Music Contracts Licensing Ownership 119

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. A work-made-for-hire agreement is used so that the hiring party acquires ownership of the work. You can find an explanation for the provisions at the site as well.)

Contracts 52

Contracts Intellectual Property Art Government 52

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. For example, a copyright will help keep your ownership over artistic creations (like songs or videos). The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP.

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Intellectual Property Invention Ownership Contracts 104

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. Catalda Fine Arts , 191 F.2d ” Alfred Bell & Co. 2d 99, 105 (2d Cir.

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Ownership Copyright Registration Public Domain 64

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. AR content is often developed around cultural goods that embed works of art.

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Copyright Public Domain Art Moral Rights 105

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” Twain called it “a curiously strong piece of literary work to come unpremeditated from lips untrained in the literary art.” It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking.

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Ownership Moral Rights Copyright Publishing 45

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

IIPRD

JANUARY 5, 2023

This drawn-out procedure grants rights to several people carrying out various tasks, such as scriptwriting, music composition, art direction, and particular actor appearances [1]. A precise elucidation about the ownership of cinematographic films has been provided by Section 17 of The Copyright Act, 1957 Act. Who Owns What and Why.

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Intellectual Property Cinema Ownership Music 98

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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Art Marketing Marketing Due Diligence 52

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

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Ownership Contracts Copyright Registration 69

SpicyIP

MAY 18, 2022

Class 9: Data Processing Equipment and Computers, computer programs, Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use online and in online virtual worlds. TOMMY JEANS. March 4, 2022. Dec 21, 2021.

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Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely. You Own the NFT.

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Derivative Work Licensing Artwork Contracts 94

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. .”

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Ownership Art Artwork Non-Fungible Tokens 52

Clancco

JANUARY 4, 2022

If you’re confused as to what the hell NFTs are, particularly art NFTs, here’s a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. Steiner concludes with some observations about how NFTs may be good and bad for the art industry.

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Art Ownership Marketing Marketing 64

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

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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