Artwork Branding Derivative Work 
Kluwer Copyright Blog
APRIL 22, 2024
Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. This first duel has ended in a victory for the NFTs, at least for now.
IP Tech Blog
MARCH 18, 2022
NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
LexBlog IP
MARCH 18, 2022
NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.
LexBlog IP
APRIL 13, 2022
According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] On February 9, 2022, Rothschild file a motion to dismiss the Complaint, arguing that he had “every right to make and sell art that depict branded products.”
IP Tech Blog
JANUARY 4, 2023
In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.
Copyright Lately
SEPTEMBER 12, 2022
Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Vila’s Motion. Vila proceeded to file a motion for judgment on the pleadings.
Intepat
OCTOBER 7, 2022
Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or.
Expert insights. Personalized for you.
125 
Let's personalize your content