The IPKat

JULY 14, 2022

A comment to the EUIPO Guidance on NFTs by Paolo Maria Gangi As The IPKat reported a few days ago here , the European Intellectual Property Office (EUIPO) has recently released some guidance notes on its approach to the classification of non-fungible tokens (NFTs).

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. Application date. Description (shortened). Feb 25, 2022. Feb 22, 2022. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 122

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.

Non-Fungible Tokens 97

Non-Fungible Tokens Artwork Trademark Art 97

IP and Legal Filings

SEPTEMBER 30, 2022

Concerns have been expressed regarding the legal status and the authenticity of such tokens, especially in India. The post Non-Fungible Tokens in India- Implications Buyers Must Consider first appeared on IPLF. Image source:Gettyimage].

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Non-Fungible Tokens Ownership Contracts Copyright 52

TorrentFreak

JUNE 22, 2022

The popularity of non-fungible tokens, NFTs for short, has reached new highs over the past year. For example, the early artwork featured iconic depictions of Samuel L. The original artwork was labeled as copyright-infringing by Miramax so this change appears to be a direct response to this claim.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

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. . Does “Fair Use” Apply to NFTs?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IPilogue

JUNE 13, 2022

Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

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Non-Fungible Tokens Art Due Diligence Social Media 124

IPilogue

APRIL 11, 2022

Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs through their individual presentations. Dr. Andres Guadamuz.

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Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

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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Non-Fungible Tokens Ownership Artwork Litigation 75

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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Non-Fungible Tokens Artwork Art Marketing 74

The IPKat

MAY 3, 2022

We’ve had Decentraland’s ‘ Metaverse Fashion Week ’, where attendees could buy wearable NFTs (Non Fungible Tokens, non-interchangeable digital assets stored on a blockchain), PrettyLittleThing’s first virtual model (launched to a mixed reaction), and the entry of Shiba Inu coin ('SHIB' – an alternative to Dogecoin) into the Metaverse.

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Non-Fungible Tokens Branding Branding Brands 100

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

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).

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Non-Fungible Tokens Law Contracts Artwork 52

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.

Artwork 40

Artwork Non-Fungible Tokens Trademark 40

TorrentFreak

JANUARY 5, 2022

Non-fungible tokens, or NFTs, have been booming over the past year. For example, early artwork featuring Samuel L. People are willing to pay millions of dollars in return for the rights to unique digital assets as well as any perks that come with them. These NFTs are not without copyright issues.

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Non-Fungible Tokens Copyright Copyright Infringement Artwork 145

Dear Rich IP Blog

MAY 12, 2022

That's because when an artwork is sold, the buyer only acquires ownership of the physical work, for example, the framed painting. There are exceptions to this rule, for example, if the artwork is a work made for hire , or if the artist assigns copyright to the buyer, but otherwise, the artist controls the duplication.

Artwork 52

Artwork Non-Fungible Tokens Art Copying 52

Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). Copyrights protection for the artwork itself is also critical. Any NFT project offering Apes are derivative of the artwork for the Bored Ape yacht CLub are potentially infringing the BAYC’s copyrights. My name is NFT lawyer Enrico Schaefer.

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Non-Fungible Tokens Artwork Licensing Branding 131

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. Recently, I spoke in the PRS London Members' Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade).

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Non-Fungible Tokens Advertising Advertising Ownership 140

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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Non-Fungible Tokens Artwork Contracts Art 120

IPilogue

MARCH 16, 2022

Non-fungible tokens (“NFTs”) are one-of-a-kind tokens stored on blockchain that can be sold and traded. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site. As NFTs have gained popularity, scam sites are becoming more common.

Music 130

Music Non-Fungible Tokens Social Media IP 130

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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Non-Fungible Tokens IP Cease and Desist Ownership 40

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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Non-Fungible Tokens Artwork Art 52

TorrentFreak

JULY 1, 2022

Eager to cash in on the non-fungible token (‘NFT’) boom, as widely reported in the media, Quentin Tarantino recently announced plans to auction off seven ‘exclusive scenes’ from the 1994 motion picture Pulp Fiction in the form of NFTs,” the complaint read.

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Non-Fungible Tokens Copyright Artwork Copyright Infringement 110

Traverse Legal Blog

APRIL 17, 2021

With that in mind, we now have something called non-fungible tokens or NFTs. 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

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.

Copyright 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

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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Non-Fungible Tokens Artwork Branding Branding 52

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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Non-Fungible Tokens Trademark Artwork Designs 52

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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Non-Fungible Tokens Ownership Intellectual Property Artwork 52

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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Non-Fungible Tokens Copyright Law Artwork Law 52

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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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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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Non-Fungible Tokens Blogging Copyright Marketing 91

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. Wikipedia defines an NFT as “ a record on a blockchain which is associated with a particular digital or physical asset.

Licensing 107

Licensing Technology Public Domain Non-Fungible Tokens 107

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. While the case did not definitively resolve the issue of whether non-human animals can own copyright, it prompted discussions about the intersection of copyright law, animal rights, and technology.

Art 105

Art Copyright Ownership Artwork 105

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), The only thing that an NFT can certify is that a specific non-fungible token, containing a specific digital file linked to it, has been created with a unique transaction (having its own timestamp) by an identified blockchain address (i.e. a wallet).

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Non-Fungible Tokens Contracts Copying Art 135

Traverse Legal Blog

AUGUST 15, 2022

The basic explanation is that 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 a person ownership of something, kind of like modern day digital collectibles. What are NFTs? NFT Technology. NFTs in Video Games.

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Non-Fungible Tokens Ownership Artwork Technology 40

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