Traverse Legal Blog

APRIL 17, 2021

An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. You’ll also get digital collectible album artwork. “Who’s the owner? ” Enrico Schaefer.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. However, Bungie says the cheat is still available. Bungie says the defendants infringed its rights in multiple ways.

Copyright Infringement 144

Copyright Infringement Copyright Derivative Work Artwork 144

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. For example, the early artwork featured iconic depictions of Samuel L. The original artwork was labeled as copyright-infringing by Miramax so this change appears to be a direct response to this claim.

Non-Fungible Tokens 139

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

The IP Law Blog

SEPTEMBER 16, 2021

After the 2015 transaction between the team and the league closed, the team was sued by a third party who claimed that the Gull logo infringed his artwork entitled “San Diego Gulls”. The team then sued the league trying to recover the amount (over $1,000,000) the team spent on the lawsuit.

Social Media 98

Social Media IP Intellectual Property Artwork 98

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IPilogue

JULY 22, 2022

Vaver’s influence on intellectual property law, is an original piece of artwork created by Toronto-based artist,? D’Agostino on research around privacy rights in contract tracing amidst the COVID-19 pandemic. for his leadership in intellectual property as “a scholar and mentor”. . The medal, befitting of Prof. Aries Cheung.

Intellectual Property 116

Intellectual Property Intellectual Property Law IP Artwork 116

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. A digital file (an artwork, a song, etc.), NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. Valid Transfer of Rights?

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

JULY 1, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. Aside from the screenplay rights disagreement, the NFT sale also used other images and artwork that were directly related to Pulp Fiction. NFT Copyright Battle.

Non-Fungible Tokens 107

Non-Fungible Tokens Copyright Artwork Copyright Infringement 107

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

JULY 14, 2022

In all these instances, what has been considered as “legal property” is the token generated through the smart contract and not the digital file linked (or “authenticated”, to refer to the EUIPO’s own wording) to it.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 119

Artwork Trademark Publishing Marketing 119

The IPKat

FEBRUARY 17, 2022

First, held the Board, a machine cannot enter into any binding legal contract. In addition, the preamble to the DSM Directive specifies that the authors and performers that shall be able to rely on the provisions on contracts therein shall only be natural persons, thus excluding from the scope of application non-human authors and performers.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

IPilogue

APRIL 11, 2022

He explained that an NFT typically includes only information about the artwork’s location. The actual artwork is not stored within the NFT because storing large amounts of data on a blockchain is fairly expensive. She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts 96

Contracts Law Artwork Copyright 96

Intepat

DECEMBER 5, 2024

In one notable case, an NFT buyer of a famous digital artwork assumed they had purchased full copyright rights, only to find they could not legally reproduce or profit from the art without the creator’s consent. While NFTs verify the ownership of a digital item, they do not inherently transfer copyright to the buyer.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. ” The transfer of ownership or copyrights of the specific assets or works to another person is typically not specified in such smart contracts.

Artwork 90

Artwork Copying Contracts Copyright 90

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 83

Artwork Contracts Art False Advertising 83

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

IP and Legal Filings

JANUARY 23, 2023

NFTs are governed by smart contracts, which divide ownership and limit transferability. Blockchain technology allows smart contracts to operate, ensuring the integrity of all sent and received data. [iv] When someone mints an NFT on a public domain, they could falsely claim to be the owner of the original artwork’s copyrights.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract. The sole technology behind cryptocurrencies is called blockchain technology.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Copyright Lately

NOVEMBER 21, 2021

Fundamentally, an NFT is just a transactional record and a link to a digital asset (often an image of artwork or a document) stored somewhere on the web. ” It’s really all a matter of what the parties intended, a question which is likely influenced by industry custom and practice at the time of contracting. (Of

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

JD Supra Law

JULY 19, 2023

Modern AI, powered by what is known as “large language models,” is able to churn out original artwork, text, music, and even dubious legal advice. It works by processing and “learning” from an expansive dataset of material. In human terms, imagine. By: Arnall Golden Gregory LLP

Contracts 40

Contracts Artwork Licensing Music 40

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.

Art 105

Art Moral Rights Artwork Editing 105

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. Nevertheless, there is a global expectation that an NFT is the artwork itself because it is common industry practice to equate the artwork with its token. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

SpicyIP

JANUARY 13, 2025

In this post, Yogesh Byadwal argues that these terms of use also offer an insight into the practice of expanding copyright using Contract Law. Lemley and Peter Hendersons recent paper shifts the GenAI debate towards the terms of use attached to these models. DHC Directs CIC to Disclose a Ph.D The mark or device of respondent no.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

The IPKat

DECEMBER 16, 2021

The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. So there’s a lot of nuances out there.

Music 97

Music Artwork Social Media Intellectual Property 97

LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] ” [9] Thus, Nagy argued, the Heirs’ replevin of the Artworks “made them whole.”

Artwork 52

Artwork Art Reporting Ownership 52

LexBlog IP

SEPTEMBER 16, 2021

The first was a breach of contract claim which alleged that in the 2015 assignment agreement, the league represented that it was assigning the copyright in the logo to the team free and clear of any claims, and that the third-party copyright claim is evidence that the league breached that representation.

Social Media 52

Social Media IP Intellectual Property Artwork 52

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model.

Publishing 85

Publishing Art Contracts Artwork 85

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 12] Courts around the world generally apply tests to determine IP infringement.

IP 52

IP Artwork Contracts Intellectual Property 52

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. Nicole Martinez.

Artwork 52

Artwork Marketing Marketing Art Law 52

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.

Artwork 52

Artwork Journalism Art Marketing 52

LexBlog IP

SEPTEMBER 23, 2022

Interior Design contracts cases rarely make headlines. the contract for interior design and decorating services, including purchasing furniture, authorized a ten percent (10%) markup on shipping and related services but did not provide for any other markups, commissions, or fees. In the U.S. District Court for the Eastern Dist.

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