IIPRD

JANUARY 22, 2025

According to this case, the US Supreme Court ruled that although a copyrighted photograph might serve as a starting point for an artwork, its use cannot be considered fair use if it is not transformative enough and threatens the market for that work. Goldsmith (2023) [2].

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. social networks, OpenSea and Decentraland digital platforms). VEGAP has announced that it has appealed this judgment.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

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 Brands 62

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

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Kluwer Copyright Blog

JULY 24, 2024

We analysed clauses affecting user interests regarding privacy or data protection, illegal and harmful content, dispute resolution, jurisdiction and enforcement, and copyright, the last of which provided perhaps our most interesting results and which is the focus of this blogpost. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135