Traverse Legal Blog

APRIL 17, 2021

Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers. There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Do they own the NFT?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Ownership and Enforcement. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Government Regulation No. Introduction. Image source: iStock].

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices.

Artwork 90

Artwork Copying Contracts Copyright 90

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

Artwork 52

Artwork Copyright Editing Ownership 52

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. AI will play a rapidly expanding role in all aspects of our daily life and therefore the law must govern its applications.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Copyright Lately

MAY 6, 2022

.” Ok, ok, it’s actually not that simple, which means now I get to wake you up from your NyQuil-fueled fever dream and be the killjoy who reminds you that the metaverse isn’t some kind of self-governing Florida special district in which real world laws don’t apply. You Own the NFT. ” Sounds pretty good, right?

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

IP and Legal Filings

OCTOBER 18, 2022

Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. NFTs are viewed as the future of ownership by enthusiasts.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

SpicyIP

MARCH 16, 2025

UOIwhich directed the Central Government to bear the cost of one months treatment for the petitioner suffering from Spinal Muscular Atrophy. Dr. Prabhat Kumar Saha argues why the government should invoke critical measures in light of its obligations under the Right to Health. Living Media India Limited & Anr.

Trademark 59

Trademark Copyright Branding Branding 59

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.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The IPKat

DECEMBER 14, 2023

The Regulations also protect the rights of authors of an original applied or fine artwork to a share in the proceeds of sale of that work as long as copyright subsists. A presentation of the report was made by Hon. This accusation comes two years after the EFCC launched its online application for reporting crime, called the "Eagle Eye".

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

LexBlog IP

SEPTEMBER 8, 2023

6] Although the claims were based on whether the art objects were statistically linked to Turkey and if museums had official permits showing that the artworks were legally exported rather than physical evidence, [7] these calls for repatriating ancient objects in Western museums to the lands where they originated are not unique.

Art 52

Art Artwork Ownership Government 52

IP and Legal Filings

JULY 11, 2024

This includes all books, artworks, pieces of music, and other creations in any field or discipline. Copyright Registration: First being that the ownership of copyright subsists during a limited period only.

Registration 105

Registration Trademark Copyright Intellectual Property 105

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” After its creation, he attempted to register this work with the Copyright Office.

Art 72

Art Copyright Registration Artwork 72

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

NOVEMBER 6, 2023

However, two months later, the museum filed a complaint against NYDA to block the seizure order by contesting its rightful ownership of the statue. Ownership Interest In the case of Republic of Croatia v. The court underscored the need to determine whether the claimants can establish ownership of the Treasure.

Ownership 52

Ownership Art Due Diligence Law 52

LexBlog IP

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Ownership and Enforcement. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. As AI-generated works blur the lines of authorship and ownership, existing IP frameworks face significant tests, calling for responsive legal adaptations.

IP 98

IP Intellectual Property Invention Inventor 98

The IPKat

SEPTEMBER 5, 2022

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.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Kluwer Copyright Blog

JULY 24, 2024

Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators. Is it a proper copyright ownership or an assigned license? Bard , Simplified and CLOVA Studio also assigned ownership to users. user, service)?

Copyright 135

Copyright Ownership Social Media Licensing 135

IPilogue

MARCH 18, 2022

It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freeing the Indigenous flag and making it available to everyone to use.

Government 119

Government Copyright Ownership Copyright Law 119

IIPRD

MARCH 5, 2025

One aspect regarding the laws that govern copyright is that in the United States alone the copyright is only given by law to works that are created by human beings. This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. Copyright Office.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact. The sole technology behind cryptocurrencies is called blockchain technology.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

The IPKat

FEBRUARY 3, 2023

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. In this instance however the user generating the images was in Ireland and the online software model generating the images was hosted in the US.

Litigation 143

Litigation Copying Copyright Design 143

LexBlog IP

APRIL 25, 2022

AML/CFT regime related to beneficial ownership, real estate, and investment advisers and nonfinancial gatekeepers before turning its attention to the high-value art market.” ” [5] The Report only discussed money laundering, ignoring other known risk areas in the art market, such as the sale of forged or stolen artworks. [6].

Art 52

Art Marketing Marketing Due Diligence 52

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. 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. Since this is a new phenomenon, the lack of regulation result in NFTs operating in a legal vacuum.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

IIPRD

JANUARY 18, 2022

The principles that govern the luxury fashion industry are similar to those that govern other industries. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IPilogue

DECEMBER 1, 2022

A further problem arises: where ownership of property is unknown, title escheats to the Government where the physical work is located, and physical ownership is perpetual. Title to Holocaust works may, therefore, be owned by the governments where those works are located. However, it is a worthwhile goal.

Moral Rights 64

Moral Rights Ownership Artwork Government 64

Intepat

OCTOBER 28, 2024

Understanding Non-Fungible Tokens In the Metaverse The commercial ecosystem Metaverse is governed by the use of cryptocurrencies and non-fungible tokens (NFTs), which leverage blockchain technology. NFTs are unique digital tokens that represent ownership of specific digital assets.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

Intepat

DECEMBER 12, 2024

Digital assets encompass a wide range of online-based entities, from virtual real estate and digital artwork to domain names and software applications. NFTs, in particular, have revolutionized digital ownership by enabling verifiable ownership of unique digital items through blockchain technology.

IP 52

IP Social Media Ownership Non-Fungible Tokens 52

Intepat

DECEMBER 5, 2024

For example, a smart contract for licensing a digital art piece might release a payment to the artist every time the artwork is sold or shared. Governing laws The legal landscape for smart contracts in IP licensing is still evolving and is influenced by varying national and international regulations.

Contracts 52

Contracts Licensing IP Privacy 52