Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. The post A First Look at Copyright Claims Board (CCB) Filings appeared first on Technology & Marketing Law Blog. Literary: 4.

Copyright 143

Copyright Artwork Music Blogging 143

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

Art Law Journal

OCTOBER 29, 2021

Striking the right chord when pricing artwork is tricky to maneuver, especially because overpricing your work versus undervaluing yourself as an artist seems like it’s a very fine line. Establishing Your Market for Pricing Artwork. Create Clarity When Pricing Artwork. Pricing Artwork to Increase Its Value.

Artwork 52

Artwork Art Business Marketing 52

IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

Art 98

Art Artwork Television Copyright Infringement 98

Copyright Lately

SEPTEMBER 29, 2024

I first wrote about this case back in March , when Atari filed a complaint accusing State Farm and its advertising partners of improperly appropriating artwork from Atari’s 1983 arcade game “Crystal Castles” for a 6-second online video advertisement. Conversely, in Ringgold v.

Fair Use 110

Fair Use Copyright Artwork Social Media 110

Art Law Journal

NOVEMBER 10, 2021

Pricing and selling is an often unclear formula with a complex set of variables including time, expertise, personal brand strength, overhead expenses, market demand, and industry standards. Before understanding how to negotiate prices, it’s important to understand the market value of your work. Arriving at Your Freelance Rates.

Artwork 52

Artwork Art Graphic Design Marketing 52

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

TorrentFreak

APRIL 14, 2022

In April 2020, Disney filed a copyright complaint with Google, stating that Club Penguin Rewritten’s domain (cprewritten.net) not only infringed its rights in artwork but also its trademarks. The next steps and their timing are difficult to predict.

Copyright Infringement 144

Copyright Infringement Copyright Artwork Intellectual Property 144

JD Supra Law

MAY 27, 2022

In November 2021, Christie’s auction house sold the first-ever NFT artwork by digital artist Beeple for an astounding $69.3 NFTs have also popped in the real estate market, with a Florida home recently auctioned off as a NFT for $653,000. million, and has opened its own NFT marketplace.

Artwork 97

Artwork Marketing Marketing 97

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog. ” UGH.

Artwork 119

Artwork Trademark Publishing Marketing 119

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

The IPKat

JANUARY 25, 2022

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. But what about the use of the artwork on assorted items of commerce? You can't judge a book from its cover".

Art 134

Art Artwork Copying Moral Rights 134

Plagiarism Today

OCTOBER 26, 2021

They are part fashion, part artwork, part branding and part character. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Cattelan appeared first on Technology & Marketing Law Blog. VINDICATED!!!

Copyright 98

Copyright Artwork Copying Social Media 98

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 105

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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.

Non-Fungible Tokens 74

Non-Fungible Tokens Artwork Art Marketing 74

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. Recently, the NFT market has witnessed the participation of many artists from various fields, from amateur to professional, and a variety of high-value digital works.

Non-Fungible Tokens 96

Non-Fungible Tokens Artwork Ownership Art 96

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. However, Bungie says the cheat is still available. Bungie says the defendants infringed its rights in multiple ways.

Copyright Infringement 144

Copyright Infringement Copyright Derivative Work Artwork 144

TorrentFreak

JANUARY 5, 2023

The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. At the time of writing, the campaign has raised $203,300, enough to retain a lobbyist for a whole year. million.

Government 145

Government Reporting Intellectual Property Copyright 145

Art Law Journal

FEBRUARY 16, 2021

Want to sell your artwork on your own? These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal.

Art 87

Art Business Artwork Journalism 87

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. Both were directly involved in the development, marketing, sale, and distribution of cheats, the gaming companies claim.

Settlement 135

Settlement Cease and Desist Confidentiality Derivative Work 135

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

TorrentFreak

DECEMBER 24, 2021

Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks. Nintendo informed the Court that the platforms are commercial in nature since they generate income from advertising via “click-through” arrangements with third parties.

Social Media 145

Social Media Artwork Copyright Reporting 145

TorrentFreak

JANUARY 5, 2022

I]t could also mislead others into believing they have the rights to pursue similar deals or offerings, when in fact Miramax holds the rights needed to develop, market, and sell NFTs relating to its deep film library,” the movie studio wrote. For example, early artwork featuring Samuel L. Tarantino wholeheartedly disagreed.

Non-Fungible Tokens 145

Non-Fungible Tokens Copyright Copyright Infringement Artwork 145

Kluwer Copyright Blog

APRIL 21, 2025

AI training under the 2019 Copyright Directive Article 4 of the 2019 Directive on Copyright in the Digital Single Market ( CDSMD ) can serve as an example. In more and more segments of the creative industries, it disrupts the market for human literary and artistic works.

Licensing 52

Licensing Artistic Work Marketing Marketing 52

Traverse Legal Blog

APRIL 1, 2021

NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets. The scarcity that’s driving market prices into the thousands, tens of thousands, hundreds of thousands, and millions of dollars for a single NFT auction. What is the Big Deal with NFTs? Few lawyers understand NFTs.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

The IPKat

JULY 14, 2022

Thirdly, NFTs include digital items such as art image, collectibles or music files but can also incorporate the right to receive some utilities (in many cases, NFTs include a combination of artworks or collectibles and utilities).

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

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.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

IPilogue

JULY 6, 2022

On the other hand, Hermès argues that Rogers does not apply because Rothschild’s actions of setting up an online store and the marketing materials support a goal of selling a digital good. To this, Tushnet responds that artists are protected in marketing their work to make a profit.

Art 109

Art Trademark Artwork Marketing 109

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 89

Copyright Fair Use Social Media Artwork 89

IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

Music 130

Music Non-Fungible Tokens Social Media IP 130