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

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

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. That would require a copyright transfer via a signed writing from Yuga. Definitely.

Derivative Work 82

Derivative Work Licensing Artwork Contracts 82

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

While NFTs verify the ownership of a digital item, they do not inherently transfer copyright to the buyer. 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.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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 89

Music Artwork Social Media Intellectual Property 89

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Background (NFT Copyright). 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. Shenzhen Qice Diechu Cultural Creativity Co.,

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

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. It will be intriguing to follow up case law in this area as it makes progress.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 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

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Manju Singhal v.

Registration 105

Registration Trademark Copyright IP 105

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

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

LexBlog IP

SEPTEMBER 11, 2023

Copyright Office (“USCO”) in which the USCO denied an application to register a work authored entirely by an artificial intelligence program. In its refusal of Thaler’s second request for reconsideration, the USCO reflected on decades of case law in both the Supreme Court and lower courts, as well as the Compendiums of U.S.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

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.

Trademark 62

Trademark Non-Fungible Tokens Branding Branding 62

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

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

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. .”

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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” While the copper websites looked more similar, “most instances of resemblance arise out of the use of the allegedly copyright-protected photographs. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. It emerges that brands should pay for the use of street artworks. because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

IIPRD

AUGUST 4, 2022

Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Whether NFT is their unique work or they prefer to mix copyrighted material with another artist, content producers are still protected by copyright law. Build your market reputation. Conclusion.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. For example, copyright law as it stands today may not sufficiently protect athletes or associations like the NBA from the unauthorized creation of NFTs. Essentially, an NFT is a digital token that can serve as a certificate of ownership.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 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). Methodology actually applied to fair use cases: a D who creates an artwork for exhibition or sale will almost never compete.

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

IP and Legal Filings

AUGUST 13, 2022

If a person buys an art piece in the form of NFT from an organization he/she can re-sell the same, and there won’t be an issue but if the same person tries to reproduce the same artwork, then it can lead to legal issues as it depends on the licensing terms of that organization.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Government Art 52