Kluwer Copyright Blog

JULY 24, 2024

Is it a proper copyright ownership or an assigned license? There was almost no reference to ownership of training data that had come from parties other than the contractual partners. There was almost no reference to ownership of training data that had come from parties other than the contractual partners. user, service)?

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Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. There are exceptions to this rule, for example, if the artwork is a work made for hire , or if the artist assigns copyright to the buyer, but otherwise, the artist controls the duplication.

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Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime. The preferred form of regulation in the NFT sector is code rather than copyright law.

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Traverse Legal Blog

MARCH 8, 2022

Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights. BASIC project’s listing agreement is internally inconsistent on the issue of ownership.

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Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. Contracts should clearly state who owns the rights to the prompts.

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IPilogue

NOVEMBER 5, 2021

A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The two parties agreed that Palmer shall keep the artworks he identified, but they could not settle on the issue of copyright ownership.

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The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

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SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. Aparajita Lath.

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Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

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IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement. Copyright Ownership.

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IPilogue

MARCH 2, 2023

This discussion raises questions of personal agency and asks how an artist can have ownership over their client’s body, even though it’s how their work is physically fixed. As seen in the Kat Von D case, treating tattoos identically to other artworks can open the door for claims in the opposite direction as well.

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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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Intepat

NOVEMBER 3, 2024

In such cases, ownership may be attributed to the publisher or another designated entity. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. Recent Case Law on Pseudonymous and Anonymous Works S.

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IPilogue

JUNE 13, 2022

Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. Many NFT marketplaces do not require the person listing the piece to provide proof of ownership or personal information.

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IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

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Intellectual Property Law Blog

OCTOBER 3, 2023

In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et. In response, Thaler filed a complaint in the district court challenging the denial of his copyright application.

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IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. This has to do with the application of copyright to works made through AI. Copyright Office.

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IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

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Music Non-Fungible Tokens Social Media IP 130

IPilogue

MARCH 18, 2022

Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. These provisions have been used to retain Crown ownership over literary, artistic, or otherwise creative expressions. The community was enraged and the “Free the Flag” movement was afoot. . v Teranet , Inc.

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LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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Kluwer Copyright Blog

JULY 20, 2022

In this post, we briefly explore issues related to copyright infringement, intermediaries’ liability and remedies from the perspective of the general principles of copyright law (for previous analyses of NFTs and copyright on this blog, see here ). The Right to Create and Sell NFTs. The communication to the public right.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

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IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Artwork based on such a notion presents challenges when attempting to establish ownership.

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IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. Exercising control of downstream purchaser actions for traditional or non-digital artistic mediums is more complicated. Not all Canadian galleries oppose ARRs.

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Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. Ownership of NFTs.

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LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. This is not only a future threat, it is already happening. What is an NFT?

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Dear Rich IP Blog

JANUARY 16, 2024

I have read that the "change of ownership" of this collection is considered a publication. Does paying the library for their use put the burden of ownership/copyright on them? Transfer of ownership ≠ transfer of copyright. Physical ownership of a work is not the same as copyright ownership. Is that correct?

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Ownership Fair Use Artwork Copyright 59

LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] As previously reported on this blog , the Reif v.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background. Shenzhen Qice Diechu Cultural Creativity Co.,

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Kluwer Copyright Blog

MAY 9, 2023

According to data provided by the company, by late April this year, more than 1 billion pieces of artwork had been removed from the Stable Diffusion training set using this tool (reported here ). But that is a matter for a different blog post. There is disagreement among commentators whether this is a desirable development.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The case focused around a comic image depicting a chubby tiger receiving a vaccine shot, which was one of many artworks from the popular cartoon series “ Fat Tiger ” released on Weibo, China’s principal social media site, by a Chinese artist. Background (NFT Copyright). Shenzhen Qice Diechu Cultural Creativity Co.,

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The IPKat

FEBRUARY 3, 2023

This blog post speculates on the issues that may arise in that litigation and other similar cases. There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law.

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LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Ownership and Enforcement. Copyright Ownership.

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IP Ownership Non-Fungible Tokens Copyright Law 52

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Copyrighting vs Trademarking NFTs.

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