Kluwer Copyright Blog

OCTOBER 5, 2022

The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”. Crucially, the ownership of an NFT does not equate to ownership of an underlying asset. Internet Law: A Concise Guide to Regulation Around the World. Creative Commons’ position on NFTs.

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IPilogue

NOVEMBER 5, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? Photo by Kelly Sikkema ( Unsplash ).

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IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. This article was written as a requirement for Prof.

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IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. Copyright law protects just the expression, not the idea itself.

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The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

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IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. NFTs are viewed as the future of ownership by enthusiasts.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. A final appeal to the Italian Supreme Court followed.

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IP Tech Blog

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. The United States.

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Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The communication to the public right. The reproduction right.

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The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. are applicable to it.

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The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

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Traverse Legal Blog

APRIL 17, 2021

How do you know if what you’re doing is lawful? There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership?

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The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

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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. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting.

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Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. 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. You’re getting a license to use, copy and display this item. BlockChains and Digital Assets.

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JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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LexBlog IP

JULY 13, 2021

It is essentially a transaction ledger that is open and decentralized, so anyone, with proper access credentials, can view the ledger to the authenticity of whatever is being transferred and the chain of ownership. Because NFTs are often digital artworks, it helps to think in terms of art. The Mona Lisa is non-fungible. IP and NFT.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. Introduction. Government Regulation No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Any individual can buy an artwork print, but only one person owns the original piece. NFT Technology.

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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.

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LexBlog IP

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

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Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 93

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress.

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LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. ” Other courts, and perhaps even the USPTO and Copyright Office, will likely look to Judge Rakoff’s initial guidance as a foundation for this newly evolving area of intellectual property law moving forward. .”

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IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Even a tweet is protected as a literary work under copyright.

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LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

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Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Trademarks.

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LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 3] On July 6, 2022, Judge Robert N. ” [21]. .’” ” [21]. .”

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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.

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Music Social Media Artwork Intellectual Property 94

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. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

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Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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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. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

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Contracts Artwork Law Ownership 52

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. 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.

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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.

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Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it.

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