News & Analysis as of

Digital Millennium Copyright Act Non-Fungible Tokens (NFTs)

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

Holland & Knight LLP on

Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

ArentFox Schiff

Media & Entertainment: 10 Legal Challenges for Companies in 2023

ArentFox Schiff on

With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023. 1. Sweeping Impact of Generative AI - The gale wind roaring into...more

ArentFox Schiff

Metaverse, Blockchain & Digital Assets: 10 Legal Challenges for Companies in 2023

ArentFox Schiff on

With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more

Proskauer - Blockchain and the Law

Senators Ask USPTO and US Copyright Office to Conduct NFT Study, with a Focus on IP Issues

With a market capitalization forecast of over $35 billion for 2022, there is no question that non-fungible tokens (NFTs) are hugely popular. Despite this, the intellectual property rubric underlying these NFT offerings are...more

BakerHostetler

Navigating Contractual Relationships in the NFT Market

BakerHostetler on

Overview of Common NFT Contractual Relationships - Participants in the fast-moving - but legally uncertain - non-fungible token (NFT) marketplace can maximize their business opportunities and mitigate risk by delineating...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two US Senators Solicit Study of Intellectual Property Rights Related to NFTs

On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S. Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP)...more

Proskauer - Blockchain and the Law

Roots of Confusion Over “v1” CryptoPunks NFTs Raise Key Copyright and Practical Considerations for NFT Minters, Acquirers and...

Minters of collectible non-fungible tokens (NFTs) have taken a wide range of approaches. In addition to variations in the means of distribution, token standards, governing smart contracts and platforms on which initial sales...more

Proskauer - Blockchain and the Law

Will NFT Piracy Compel Changes to the Digital Millennium Copyright Act?

So you bought an NFT. You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. You probably paid for the NFT upfront—and if the artist is popular, you may...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

Foster Garvey PC on

Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

Orrick - On the Chain

Three IP Issues to Watch Out for When It Comes to NFTs

Orrick - On the Chain on

Seemingly overnight, non-fungible tokens (NFTs) have exploded onto the market and into the public consciousness. The eye-popping prices that some have commanded—and their potential to revolutionize the concept of ownership...more

Morgan Lewis

Nonfungible Tokens and Copyright: Diligence Issues to Consider

Morgan Lewis on

Nonfungible tokens (NFTs) are the latest cryptocurrency craze. These one-of-a-kind-collectibles have dramatically risen in popularity and have penetrated mainstream marketplaces. Since NFTs are often associated with images,...more

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