Kashishipr

SEPTEMBER 20, 2021

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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

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

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. Did model providers undertake content moderation (e.g.

Copyright 135

Copyright Ownership Social Media Licensing 135

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 94

Derivative Work Licensing Artwork Contracts 94

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

LexBlog IP

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. When a court interprets a contract, pursuant to California Civil Code § 1636, the general rule is that the Court must “give effect to the mutual intention of the parties as it existed at the time of contracting.”

Social Media 52

Social Media IP Intellectual Property Artwork 52

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. 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

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

LexBlog IP

SEPTEMBER 23, 2022

Whether you plan to start up an interior design business or you are already a seasoned interior designer, having clear terms on charges for art, furniture, finishings, fixtures, and other decorative items (sometimes generally referred to as “FF&E” for convenience), will avoid problems in the future. In the U.S.

Designs 52

Designs Design Contracts Artwork 52

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

LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). The phrase “investment contract” is not defined in the Securities Act. Howey Co. , That definition is known as the Howey test.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

LexBlog IP

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 52

Contracts Artwork Law Inventor 52

IP and Legal Filings

SEPTEMBER 30, 2022

they’reThey’re issued on these assets using blockchain technology and smart contracts, which generate unique digital signatures and establish their security. Some consider NFTs to be contracts, while others consider them to be derivatives. Security Law. As a result, there’s no categorization of NFTs under the SCRA.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

IIPRD

JUNE 9, 2024

Basics of IP in Metaverse In simple words, Intellectual Property Rights refer to legal rights that protect the intangible property of a person that arises from a person’s intellect. Hermès claimed that Rothschild’s digital artworks infringed upon its legally protected intellectual property rights. Mason Rothschild.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Greenspoon Marder LLP

JUNE 9, 2013

The lawsuit filed in Los Angeles Superior Court by three original band members, alleges the former lead singer of the band breached his contract with Stone Temple Pilots by using the Stone Temple Pilots’ name, trademark, copyright, logos and artwork after he was fired from the band.

Trademark 40

Trademark Artwork Intellectual Property Ownership 40

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” Plaintiffs reaosned that “a mere description of the copper would refer to it as ‘colored’ or ‘colorful,’ rather than using ‘color’ as an adjective.” 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

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. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” It ought to function similarly to how online contracts are upheld.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. 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. 1] See Andy Warhol Found.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. NFTs are only the latest eyebrow-raising trend that involve goods and services that are intangible or intrinsically difficult to value. 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). 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

Intellectual Property refers to the creations and inventions that are made by people using their intellect and talent. Also, if smart contracts are applied to the purchase of an NFT then a small amount of royalty can also be given to the original creator of that work however at present there is no such system.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Government Art 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. This endows NFTs with the unique qualities that make them so desirable. If NFTs are classified as the latter, they are prohibited from being exchanged, traded, sold, or bought.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Intepat

DECEMBER 5, 2024

Licensing refers to the legal permission granted by the IP holder (like a musician, artist, or inventor) to another party, allowing them to use, distribute, or produce the IP holder’s work under specific terms. Smart contracts, a technology popularized by blockchain, offer a new approach to managing these transactions.

Contracts 52

Contracts Licensing IP Privacy 52

Intepat

APRIL 4, 2025

Intellectual property rights are crucial for protecting artists rights in their artwork. CURRENT LEGAL FRAMEWORK Internationally, copyright protection over artworks is primarily governed by the Berne Convention for the Protection of Literary and Artistic Work (1886) and the TRIPS Agreement, administered by WIPO.

Copyright Infringement 52

Copyright Infringement Art Copyright Artistic Work 52