Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 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

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 109

Non-Fungible Tokens Copyright Artwork Copyright Infringement 109

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. For more visit: [link].

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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 82

Artwork Contracts Art False Advertising 82

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 96

Contracts Artwork Law Copyright 96

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 ). Buying Objects ? Buying Copyrights.

Derivative Work 82

Derivative Work Licensing Artwork Contracts 82

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. An NFT is viewed from the viewpoint that buying one grants the buyer a proprietary right to each and every copy or iteration of the underlying work. Facebook.

Artwork 67

Artwork Copying Contracts Copyright 67

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. 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]

Non-Fungible Tokens 87

Non-Fungible Tokens Copyright Intellectual Property Ownership 87

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. BlockChains and Digital Assets.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. 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 89

Music Artwork Social Media Intellectual Property 89

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 89

Copyright IP Ownership Copyright Infringement 89

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

Intepat

OCTOBER 28, 2024

These assets can be anything from digital artwork and trading cards to in-game items, all of which are bought and sold using cryptocurrencies. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. Smart Contracts: Are they enough?

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

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. The corporation also steps in cases of violation of the IP of the VTuber. [8]

IP 52

IP Artwork Contracts Intellectual Property 52

SpicyIP

SEPTEMBER 11, 2023

Deepak Kumar on 6 September, 2023 (Delhi High Court) The Delhi High Court allowed a petition seeking cancellation of the defendant’s copyright registration on the artwork for its product “Gulcharre Sevaiyan”.

Registration 105

Registration Trademark Copyright IP 105

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein.

False Advertising 72

False Advertising Ownership Registration Design 72

LexBlog IP

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 52

Contracts Artwork Law Inventor 52

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Thus, it is highly plausible, if not evident for some, that this case can fall more within the boundaries of inspiration and not pure imitation of protected artwork.

Art 59

Art Plagiarism Artwork Graphic Design 59

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? It emerges that brands should pay for the use of street artworks. For some artists, a simple copy of the work featuring their work is enough to compensate for the absence of their name. because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Thus, it is highly plausible, if not evident for some, that this case can fall more within the boundaries of inspiration and not pure imitation of protected artwork.

Art 52

Art Plagiarism Artwork Graphic Design 52

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JULY 14, 2023

use of indigenous content, model contracts and/or national laws on limitations and exceptions). archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). The Policy paper does not aspire to be carved out in stone but rather represents a work-in-progress that can be updated into a 2.0

Database Right 52

Database Right Licensing Public Domain Artwork 52

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. Read the full article on World Intellectual Property Review. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

43(B)log

AUGUST 9, 2024

But deeply troubled by algorithmic fair use cases that allowed lots of exploitation—iParadigms (plagiarism detection) and Perfect 10 (exposing women to public view when they contracted for more restricted nudity). Writing ad copy, which authors need to sell their works. That makes competition key to transformativeness.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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

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. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

Intellectual Property 74

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 74

IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. the restriction against reproducing or copying copyright works) or communication right is infringed. NFT expands the range of unique items available.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40