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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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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.

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Protection of Jewellery under Intellectual Property Rights

Biswajit Sarkar Copyright Blog

Section 2(c) of the Copyright Act 1957 states that a copyright covers what is referred to as an artistic work, when interpreted in relation to the protection of jewellery through intellectual property, it may be deemed that the initial artistic sketch on which the design is based will be subject to copyright protection.

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Fashion Copyright and Infringement

IP and Legal Filings

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

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AGA Rangemaster v UK Innovations – can you repurpose an AGA?

Kluwer Copyright Blog

This was on the basis that the control panel itself could not be considered an “artistic work”. That means we finally might have clarity in the UK on whether a work that is a 3D work, has to be an ‘artistic work’ in order for copyright to be enforced; in other words: does the Cofemel approach apply in the UK or not?

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work. The label in question was designed by an employee of SK Oil Industries.

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Protecting Fashion or Stifling Innovation

IIPRD

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.