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Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artisticwork convert it into an NFT for its use in the Metaverse? This would not be the case if the work were in the publicdomain or if it could be considered an orphan work owned by a museum or a library.
The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and ArtisticWorks in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].
Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es And sometimes brands do unauthorized customizations—McDonald’s customized a PS4 with painted McD fries. Will people assume co-branding?
For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. However, many of the masterpieces housed by museums are in the publicdomain.
At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.
VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.
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