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.

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Non-Fungible Tokens IP Ownership Contracts 98

Intepat

NOVEMBER 3, 2024

In India, the Copyright Act of 1957 provides the legal framework that governs these rights. In such cases, ownership may be attributed to the publisher or another designated entity. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist.

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Copyright Moral Rights Ownership Publishing 52

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.

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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.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 92

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.

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Non-Fungible Tokens Copyright Contracts Ownership 52

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?

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Due Diligence Licensing Non-Fungible Tokens Copyright 113

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.

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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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Copyright IP Ownership Copyright Infringement 89

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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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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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.

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Copyright Intellectual Property Ownership Technology 96

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.

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Non-Fungible Tokens Ownership Contracts Copyright 52

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].

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

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.

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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.

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Ownership Art Due Diligence Law 52

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?

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Derivative Work Licensing Artwork Contracts 88

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".

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Copyright IP Social Media Copyright Infringement 91

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.

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IP Non-Fungible Tokens Artwork Intellectual Property 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.

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IP Ownership Non-Fungible Tokens Copyright Law 52

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.

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Art Copyright Registration Artwork 63

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.

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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.

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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].

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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.

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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.

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IP Non-Fungible Tokens Ownership 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.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 78

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.

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Non-Fungible Tokens Intellectual Property Ownership Brands 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.

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