Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 93

Blogging Social Media Television Fair Use 93

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] 2] On January 4, 2021, pro se plaintiff Joe Morford filed a complaint in the Southern District of Florida claiming that Cattelan’s Comedian infringes Morford’s preexisting work, Banana & Orange. [3]

Copyright 52

Copyright Copying Artwork Art 52

Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². Infringers have swiftly automated NFT minting, using copyrighted imagery and trademarks without any authorization from brand owners.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. What is a Fair Use Defense to a Copyright Infringement Claim?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Copyright Law Fair Use Law 136

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law.

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Litigation Copying Copyright Designs 143

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 According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. NFTs may be represented in the form of memes, artworks, or videos.

Intellectual Property 69

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 69

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

IP Whiteboard

JUNE 7, 2021

This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. NFTs have a variety of uses which extend far beyond digital artwork. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. The breathless media reports soon followed. NFTs Are Not Copyrightable. The confusion only seems to increase when you introduce copyright into the mix.

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Copying Non-Fungible Tokens Contracts Copyright 123