Latest news with #IntellectualPropertyLaw
Fashion United
6 days ago
- Business
- Fashion United
Digital art also has legal limits: Mango condemned for rights infringement in NFTs
The Provincial Court of Barcelona issued an unprecedented ruling in the Spanish legal landscape, condemning the fashion group Mango (Punto Fa, S.L.) for the unauthorised exploitation of works of art in digital format. The ruling, issued by Section 15, specialising in commercial matters, established for the first time in Spain the infringement of copyright in the context of non-fungible tokens (NFTs) and virtual environments such as the metaverse. The case, brought by the management entity VEGAP (Visual Entidad de Gestión de Artistas Plásticos) on behalf of the heirs of Joan Miró, Antoni Tàpies, and Miquel Barceló, arose from a marketing campaign that accompanied the opening of a Mango store in New York in 2022. In summary The Provincial Court of Barcelona condemned Mango for exploiting digitised artworks without authorisation in NFTs and the metaverse. The ruling sets a legal precedent in Spain, protecting copyright in virtual environments and NFTs. Mango must cease the illicit activity, destroy the NFTs, and pay compensation of 750,380.21 euros, although it plans to appeal the decision. In May 2022, Mango celebrated the opening of its flagship store on Fifth Avenue in New York with an ambitious digital campaign. The brand exhibited five original works by Spanish artists — Joan Miró, Antoni Tàpies, and Miquel Barceló — in the physical store, belonging to the private collection of Isak Andic, founder of the company. Beyond the physical exhibition, Mango took the works to a new digital dimension by transforming them into animated compositions and converting them into NFTs. These pieces were disseminated through various platforms, including the OpenSea marketplace and the Decentraland virtual universe, and were also promoted on social networks such as Instagram, TikTok, and LinkedIn. Owning painting does not give right to digitally exploit or modify it The digitisation and dissemination of these works without the express consent of their authors or heirs led to the complaint by VEGAP, the entity that represents the rights holders. In its lawsuit, VEGAP alleged the infringement of several rights protected by the Intellectual Property Law: reproduction, transformation, public communication, integrity of the work, and right of dissemination. The argument held that physically owning a painting does not imply having the right to exploit it digitally or to modify it. According to the lawsuit, the use of these works as part of a marketing strategy without prior license not only violated economic rights but also 'damaged the image and cultural legacy of the authors'. The entity claimed the immediate withdrawal of the NFTs and any digital reproduction, the publication of a public rectification, and compensation in excess of 1.3 million euros for economic and moral damages. Initial ruling in favour of Mango In January 2024, the Commercial Court number nine of Barcelona dismissed VEGAP's claim. The first instance judgment acquitted Mango, which argued that it had acted in good faith and without profit. The defence maintained that its initiative sought to enrich the public experience, promote culture, and pay tribute to the authors, all in the absence of clear regulations on NFTs in the Spanish context. Mango even invoked an interpretation similar to the Anglo-Saxon concept of 'fair use'. However, VEGAP appealed and, after months of litigation, Section 15 of the Provincial Court upheld the appeal in its judgment, and the court overturned the initial ruling, condemning Mango for copyright infringement, both economic and moral. The ruling ordered the immediate cessation of the illicit activity and the destruction of all NFTs and physical or digital materials derived from the altered works. It also obliged Mango to publish the content of the ruling on its website and social networks, as a way of publicly acknowledging that it acted without the artists' authorisation. Regarding compensation, the resolution set a total amount of 750,380.21 euros. Precedent in uncharted territory Although Mango has announced that it will appeal the ruling to the Supreme Court, the ruling already represents a turning point in Spanish legal system. It is the first time that an infringement of copyright has been recognised in the context of NFTs and the metaverse. Mango insists that its actions were never for profit or intended to commercially exploit the works. They also allege that, until that time, there were no legal precedents or specific regulations clarifying the legal limits of the use of digitised art as NFTs. For VEGAP, however, the ruling is a resounding victory. Its director general, Javier Gutiérrez, called the ruling 'historic' in extending legal protection for visual artists to the virtual environment. He stressed that this resolution reinforces the principle that copyright continues to apply even when technologies are new and disruptive. The Mango case leaves a clear lesson for the industry: although the legal framework continues to evolve, the rights of authors — their recognition, integrity, and fair remuneration — remain as fundamental pillars, also in the metaverse. This article was translated to English using an AI tool. FashionUnited uses AI language tools to speed up translating (news) articles and proofread the translations to improve the end result. This saves our human journalists time they can spend doing research and writing original articles. Articles translated with the help of AI are checked and edited by a human desk editor prior to going online. If you have questions or comments about this process email us at info@
National News
28-04-2025
- Business
- National News
Wednesday, April 30, 2025
NNA - Time Topic Parliamentary Committee Meetings: 9:30 am The Committee on National Economy, Trade, Industry, and Planning, chaired by MP Farid Al-Bustani, meets to discuss the challenges facing the external transit truck transport sector. Venue: Committee Hall – Parliament offices – 3rd floor – Room 310. 10:00 am The Committee on National Education, Higher Education, and Culture, chaired by MP Hassan Mrad, convenes to discuss the role and strengthening of educational inspection. Venue: Education Committee Hall – Parliament offices – 1st floor. 10:30 am The Committee on Foreign Affairs and Expatriates, chaired by MP Fadi Alameh, meets at the committee hall – Parliament offices – 3rd floor. 10:30 am The Finance and Budget Committee, chaired by MP Ibrahim Kanaan, meets to study the draft law submitted under Decree No. 193 concerning the restructuring and reform of Lebanon's banking sector. Venue: Public Library Hall – Parliament offices. 12:00 pm The Fact-Finding Subcommittee from the Committee on Public Works, Transport, Energy, and Water, chaired by MP Ibrahim Mneimneh, meets to discuss its findings on the Integrated System Project related to driver's licenses, vehicle registrations, electronic stickers, secure license plates, and the digitalization of the Vehicle Registration Service. Venue: Public Works Committee Hall – Parliament offices – 4th floor. ********************* Other Events: 10:00 am The Beirut Bar Association organizes a celebration marking the centennial of the Intellectual Property Law in Lebanon under the theme 'The Centennial of the Intellectual Property Law in Lebanon: Past, Present, and Future,' under the patronage of President Joseph Aoun. Venue: House of the Lawyer – Main Conference Hall – 5th floor. Speeches will be delivered by Minister of Administrative Reform Dr. Fadi Makki and Minister of Culture Dr. Ghassan Salamé. 10:00 am Protest organized by the Committee of Rafik Hariri University Hospital Employees at the hospital's main entrance, demanding the payment of delayed salaries and dues. 11:00 am Press conference by the Lebanese-Palestinian Coordination Committee for Prisoners and Detainees at the Press Syndicate, marking Palestinian Prisoners' Day. 12:00 pm The Lebanese Union for People with Physical Disabilities, in partnership with the United Nations Development Programme (UNDP), launches the campaign 'My Right – National Campaign for the Political Rights of Persons with Disabilities in Lebanon', attended by Interior Minister Brigadier General Ahmad Hajar and Social Affairs Minister Hanine Sayyed. The event will include a discussion on inclusive electoral practices. Venue: Radisson Blu Hotel – Verdun, Beirut. 5:00 pm Press conference by the families of the Qornet El Sawda and Bcharre martyrs, in response to widespread regional support, at the Lebanese Press Club near Alfa Company headquarters. 5:00 pm The Faculty of Political Science and International Relations at Université La Sagesse organizes a seminar titled 'The Role of Artificial Intelligence in Geopolitical Transformations and Modern Warfare,' at Espace Science Po – Block C, 4th floor. 6:30 pm Announcement of the 'Kulna Lil Batroun' municipal list at its headquarters in Al-Bahsa – Batroun.
