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[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

The IPKat

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

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Who Owns the Copyright in AI-Generated Art?

Intepat

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105
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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The definition of these terms is unclear. As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product.

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Digital art protectable under copyright? Yes, says the Italian Supreme Court

The IPKat

The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software. Here below the artwork by Lindelokse. Pictures of the artwork by Lindelokse from lindelokse.deviantart.com. RAI contested all the claims as groundless. Picture of the cat courtesy by Arianna Antonelli.

Art 99
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Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. Contracts should clearly state who owns the rights to the prompts.

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[Guest post] 'Can't Be Evil' NFT license - A tentative NFT worldwide license standard

The IPKat

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

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? What kind of private key do you have attached to that ownership?