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[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,

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Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. A work first published outside the U.S. for 95 years from publication. That puts all of the artist's works published before 1925 in the public domain in the U.S.

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Is your original work automatically protected by copyright?

Intepat

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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First preliminary injunction issued by a court in Turkey regarding NFTs

The IPKat

Thus, on June 21, 2022, the Istanbul Third Civil Intellectual Property Court (“IP Court”) issued a preliminary injunction regarding NFTs. The subject of the dispute pertained to exploitation of the portrait of the late Cem Karaca , who was an artist, songwriter and composer with a legendary reputation in the world of Anatolian rock music.

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Copyright Protection of Modern Art

IP and Legal Filings

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. The picture was released in Public Domain without permission, which is the issue with this.

Art 52
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Registered Copyrights and the Requisites for Registration

Intepat

Additional information required encompasses the title of the work, language, author details, publication status, details of the first and subsequent publications, and information about licensees and assignees if applicable. For translated or adapted works, additional details must be filled in.

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Conundrum Involving The Ownership Of The Work Created By Ai

IP and Legal Filings

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Therefore, AI may not equipped for generating an original work. The subordinate work created by the creator should have a few recognizable highlights and flavour.”