“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”
ShelterAccess all documents on Reproduction right
Understanding NFTs and their Impact on Art NFTs are blockchain-verified digital tokens that guarantee the authenticity and singularity of an asset, whether tied to a digital file or a physical item. Each NFT contains unique cryptographic data that sets it apart from every other token, making it well suited to signal ownership of distinctive items such as digital art. Holding an NFT grants rights in the token itself, but does not, on its own, confer rights in the underlying digital or tangible asset. The NFT market is an important arena for art and luxury goods and is expected to keep expanding, though likely not at the transaction levels seen in 2021. In essence, the token and the item it references are separate. Legal Challenges regarding NFTs Intellectual Property Rights A principal legal concern in Europe is the safeguarding of intellectual property rights. Artists and creators frequently discover their works—physical or digital—tokenised without permission, leading to unauthorised sales, reproduction, and distribution. This often occurs without any remuneration for...
This Practice Note outlines how intellectual property (IP) and other rights arise in relation to linking on the internet, with emphasis on the standpoint of a website operator. See also, Precedent: Linking policy. Brexit This Practice Note includes references to case law from the Court of Justice. For guidance on whether decisions of the Court of Justice bind UK courts, see Practice Note: Assimilated law. It also refers to EU-derived domestic legislation (that is, UK statutes that implemented EU law). From IP completion day at 11.00 pm on 31 December 2020 until the end of 2023, these measures were categorised as retained EU law (REUL). Assimilated law is the label given to REUL that remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) as assimilated law indicates a change in its status and treatment under UK law, in that it is generally to be read according to ordinary domestic law and principles...
Copyright describes a bundle of rights granted to makers of creative output, covering: literary, dramatic, artistic and musical works broadcasts and databases sound recordings typographical arrangements Alongside the economic rights initially vested in the creator or author, the term can also encompass extra, personal entitlements for authors and performers—often called moral rights or neighbouring rights. Moral rights are not generally harmonised at EU level and alleged infringements of them are not specifically considered in this Practice Note. For guidance on the subsistence of copyright within the EU, see Practice Note: EU—Copyright subsistence. EU copyright legislation Copyright is not yet comprehensively harmonised across the EU. Nevertheless, over the past three decades a framework of directives and regulations on copyright and neighbouring rights has developed, supplemented by a substantial body of case law interpreting that legislation. The outcome is a high—though not absolute—degree of harmonisation that has grown over time. Copyright remains a national intellectual property right, to be enforced before...
Introduction Copyright is an IP right that grants an individual the exclusive control over how their original work is copied, disseminated or otherwise dealt with by third parties. The principal statute regulating and setting out copyright in China is the Copyright Law of the People’s Republic of China (the “Copyright Law”), first officially enacted in 1990 and subsequently formally revised in 2001, 2010 and 2020. What is copyright? Copyright is an IP entitlement that safeguards a person’s exclusive right to reproduce, publish, distribute or sell their original creation. It protects the expression of an idea rather than the idea itself. For copyright to subsist lawfully, a work must be original and capable of reproduction. Broadly speaking, the categories of works that qualify for protection in Europe will similarly qualify in China. Creative outputs, including books, music, sound recordings, plays, films, paintings, sculptures and photographs, may attract copyright protection, among others. Databases are protected as well. In China, computer software is also expressly secured under the Copyright Law....