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

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

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

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 106

Fair Use Copyright Artwork Social Media 106

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

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

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

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

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

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

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 133

Settlement Cease and Desist Confidentiality Derivative Work 133

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

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

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

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 83

Copyright Social Media Fair Use Artwork 83

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

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

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. Nicole Martinez.

Artwork 52

Artwork Marketing Marketing Art Law 52

Technology & Marketing Law Blog

MAY 4, 2022

The court summarizes: Plaintiff appears to dislike that Pinterest obtains revenue from advertisements on its platform, on which Plaintiff’s artwork also appears. Pinterest appeared first on Technology & Marketing Law Blog. The last sentence is stated innocuously, but it bears reinforcement. Pinterest, Inc. 2022 WL 1316566 (N.D.

Advertising 119

Advertising Advertising Copyright Infringement Copyright 119

TorrentFreak

OCTOBER 27, 2022

ACE says the ring it has just taken down focused on the Spanish-language market and attracted significant traffic using a familiar technique. That includes all of the artwork and movie information but crucially the videos too.

Copying 136

Copying Branding Branding Brands 136

IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Art Law Journal

JANUARY 28, 2021

Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.

Artwork 52

Artwork Journalism Art Marketing 52

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

SpicyIP

SEPTEMBER 3, 2024

Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ). Louis Vuitton submitted that these were specially commissioned works used for advertising and marketing their products, and were being used without authorization by the defendants.

Advertising 103

Advertising Advertising Copyright Branding 103

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Branding Brands 52

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 77

Moral Rights Artwork Fair Use Copyright 77

Dear Rich IP Blog

AUGUST 3, 2022

Wofsy in which museum catalog photos of Picasso artworks were reproduced). The fourth factor , the effect of the use upon the potential market, is difficult to call because we're not clear as to the source of the photo, whether the photographer has exploited the image, and whether the photo and the museum book compete in any manner.

Publishing 97

Publishing Fair Use Artwork Copyright 97