article thumbnail

[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? The Spanish legislator decided not to incorporate this limitation in the legislation. 5/08, paragraph 56; C?435/12,

article thumbnail

WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

Even though it’s only an interim decision, it is interesting and well worth a read for any copyright lawyer because Deputy High Court Judge David Stone provides an in-depth analysis of the UK copyright position on artistic works. A work of artistic craftsmanship is a sub-category of an artistic work.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Copyright Office Says Tattoo Artist's Work Can Be Protected

IP Law 360

Federal copyright officials said a tattoo artist's contributions to a pair of designs made them able to be protected by copyright law, the latest dustup in an intellectual property dispute between the artist and the maker of the NBA 2K video game series.

article thumbnail

Trademark In Artistic Works 1 Year After Jack Daniel's

IP Law 360

VIP products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington. In the year since the U.S. Supreme Court's Jack Daniel's v.

article thumbnail

Implications Of AI On Literary And Artistic Works : A Challenge On The Copyright System

IP and Legal Filings

How is then Artificial Intelligence related to Copyrights, with an added intricacy of Literary and artistic work? Applications of artificial intelligence (AI) are capable of independently creating literary and artistic creations. It is a notion held generally ‘AI can create.’ COPYRIGHT PROTECTION AND ARTIFICIAL INTELLIGENCE.

article thumbnail

Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artisticwork for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

article thumbnail

Amici Urge SCOTUS to Reverse Overly Broad Definition of ‘Expressive Work’ in Jack Daniel’s v. VIP Products

IP Watchdog

On January 18, a series of 16 amicus briefs were filed with the Supreme Court, the vast majority of which urged the nation’s highest court to reverse the Ninth Circuit’s ruling and limit the application of the Rogers test to clearly artistic works and exclude consumer products that happened to have some humorous expression.