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

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. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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

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).

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. 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.

Contracts 52

Contracts Artwork Law Ownership 52

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1”

False Advertising 72

False Advertising Ownership Registration Designs 72

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.

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Copyright IP Ownership Copyright Infringement 89

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

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. As technology and art advance, markets are never far behind. Read the full article on World Intellectual Property Review. The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

Traverse Legal Blog

APRIL 1, 2021

A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. Different types of information can be stored on a blockchain including ledger information and smart contracts. NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

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. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 81

Non-Fungible Tokens Copyright Intellectual Property Ownership 81

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.

Artwork 63

Artwork Copying Contracts Copyright 63

43(B)log

AUGUST 9, 2024

Here the tool is the “public benefit” subfactor of fair use, aimed at balancing public benefits with market harms. 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).

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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

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. ” Based on his reserved screenplay publication rights, there’s no question that Tarantino is permitted to sell copies of the “Pulp Fiction” screenplay.

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 NFTs may be represented in the form of memes, artworks, or videos. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. billion in 2021 to USD 2.2

Intellectual Property 68

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 68

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40