JD Supra Law

FEBRUARY 13, 2023

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.

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TorrentFreak

JUNE 22, 2022

The popularity of non-fungible tokens, NFTs for short, has reached new highs over the past year. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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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. Concerns have been expressed regarding the legal status and the authenticity of such tokens, especially in India. General Law.

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IPilogue

APRIL 11, 2022

Pankhuri Malik is an IPilogue Writer and an LLM Student at Osgoode Hall Law School. . He explained that an NFT typically includes only information about the artwork’s location. The actual artwork is not stored within the NFT because storing large amounts of data on a blockchain is fairly expensive. Dr. Andres Guadamuz.

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Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . You bought a Bored Ape NFT.

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LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). What Is a Security? 5] That definition is expansive. 1].

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IP Law 360

MARCH 20, 2023

A New York federal judge dismissed a Canadian entity's lawsuit claiming to own Quantum, a digital artwork certified by a non-fungible token that Sotheby's sold for $1.47 million, saying on Friday it appeared the litigation is an "attempt to exploit open questions of ownership in the still-developing NFT field."

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IP Law 360

JANUARY 5, 2023

As the non-fungible token market evolves rapidly, attorneys should be familiar with three types of legal instruments used to convey rights in NFT transactions, including agreements between the artist of the underlying artwork and the NFT creator, says Hannah Ji-Otto at Baker Donelson.

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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.

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Intepat

DECEMBER 5, 2024

Another layer of complexity arises from the unique characteristics of non-fungible tokens (NFTs), which have become the metaverses digital asset backbone. For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place.

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Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. My name is NFT lawyer Enrico Schaefer. I am an attorney specializing in blockchain technology. The gallery name is a trademark.

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The IPKat

JUNE 13, 2022

There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales.

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Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. VEGAP has announced that it has appealed this judgment.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is a Non Fungible Token?

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The IPKat

APRIL 19, 2023

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

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JD Supra Law

FEBRUARY 10, 2022

A non-fungible token (NFT) is a unique piece of data that is stored on a blockchain. In many cases, NFTs are large files and, thus, a link to the actual photo, video, or audio file is what is stored on the blockchain rather than the actual piece of artwork. What is an NFT? By: Harness IP

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IPilogue

MARCH 16, 2022

Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Non-fungible tokens (“NFTs”) are one-of-a-kind tokens stored on blockchain that can be sold and traded. Photo by C D-X ( Unsplash ). As NFTs have gained popularity, scam sites are becoming more common.

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IP and Legal Filings

SEPTEMBER 8, 2021

Apart from this, Non-Fungible Tokens, the brainchild of Kevin McCoy and Anil Dash, is a unit of data stored in a digital ledger that certifies that the digital asset is unique and is hence non-interchangeable. NFTs may be represented in the form of memes, artworks, or videos.

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Traverse Legal Blog

APRIL 17, 2021

With that in mind, we now have something called non-fungible tokens or NFTs. How do you know if what you’re doing is lawful? Most NFTs are digital, but you can also include and deliver after the fact, non-digital things to the buyer to sweeten the deal. You’ll also get digital collectible album artwork.

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IP Whiteboard

JUNE 7, 2021

NFT stands for non-fungible token. Non-fungible basically means unique. By way of comparison, a $10 note is an example of a fungible asset, because it can be replaced with another $10 note, or two $5 notes. NFTs have a variety of uses which extend far beyond digital artwork. We’re glad you asked.

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IP Law 360

FEBRUARY 26, 2024

The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

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JD Supra Law

FEBRUARY 23, 2022

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique blockchain-based digital assets that are associated with images, artwork, videos, games, or other creative content.

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Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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LexBlog IP

JANUARY 20, 2022

NFT’s (Non-fungible tokens) are all the rage lately and this area of law is just beginning to develop. NFT’s are often represented by digital artwork, photos, audio and even video. To continue reading, click: NFT Trademark Lawsuit Over Fashion Bags Heads To Federal Court.

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Kluwer Copyright Blog

OCTOBER 5, 2022

NFTs (non-fungible tokens) have become a buzzword in recent years. By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. Internet Law: A Concise Guide to Regulation Around the World. by Alexander Puutio. € by Edward J.

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JD Supra Law

JANUARY 16, 2023

Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to be one of the most common schemes for their use. By: Holland & Knight LLP

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Erik K Pelton

DECEMBER 20, 2022

One example was the November release of the Her Loss album by artists Drake and 21 Savage which included a fake Vogue magazine cover as part of the album artwork, as well as a fake version of Vogue magazine. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. Metaverse and NFT Filings Decrease.

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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Any individual can buy an artwork print, but only one person owns the original piece.

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Intepat

SEPTEMBER 15, 2023

AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

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The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

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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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IPilogue

JULY 8, 2022

Michelle Mao is an IPilogue Writer and an incoming 2L JD candidate at Osgoode Hall Law School. While the law of ARR is no longer a novel idea in the legal world, the importance of protections for an artist’s fair share of profits is ever-increasing as Non-Fungible Tokens (NFTs) become mainstream.

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IP and Legal Filings

OCTOBER 28, 2022

Non-fungible tokens (“NFTs”) continue to be popular. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. Provisions of intellectual property law will be applicable to NFTs.

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The IPKat

JUNE 27, 2021

Copyright PermaKat Eleonora Rosati discussed the recent CJEU judgment in case C-597/19 concerning the treatment of (i) seeding under the InfoSoc Directive and of (ii) ‘trolls’ under the Enforcement Directive, as well as the interplay between copyright enforcement and data protection law ( GDPR ).

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The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

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Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. Today we are going to talk about NFTs or non-fungible tokens. If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art.

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IP and Legal Filings

OCTOBER 18, 2022

NFTs, which stand for “ Non-Fungible Tokens ,” must first be understood in order to comprehend what “fungible” means. A commodity is said to be fungible in economics if it can be exchanged for another unit of the same commodity without losing any value. Conclusion.

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