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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? This would not be the case if the work were in the public domain or if it could be considered an orphan work owned by a museum or a library.

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Jean Paul Gaultier, Birth Your Own Venus

IPilogue

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

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Registering a trade mark even if you think that copyright is for losers? Not bad faith, says (finally) EUIPO BoA

The IPKat

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

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Do I Need Clearance in the U.S. if I Acquire Rights from a Public Domain Source Abroad?

Dear Rich IP Blog

I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. Although most countries have placed the artist's works in the public domain (based on the life+70 years rule), the U.S. for 95 years from publication. But in the U.S., follows a different course.

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Uffizi museum sues Jean Paul Gaultier over unauthorized reproduction of Botticelli’s Venus on fashion garments

The IPKat

Secondly, because Article 14 of the DSM Directive / Article 32-quarter of the Italian Copyright Act is about the protectability of the reproduction of a public domain artwork, not a situation like that one at issue here, that is the actionability of the unauthorized reproduction of a public domain artwork.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

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