3 ms·
This is arguing against a strawman. 1.) Increasingly, most savvy NFT projects provide, and savvy buyers demand, explicit IP rights. For example, here are the I
by berberous 5y ago
This is arguing against a strawman.
1.) Increasingly, most savvy NFT projects provide, and savvy buyers demand, explicit IP rights. For example, here are the IP terms for Bored Ape Yacht Club (one of the top NFT projects in the space): https://boredapeyachtclub.com/#/terms https://boredapeyachtclub.com/#/terms
Note that BAYC grants the NFT holder not only a license to use and re-sell the NFT, but the right to commercially exploit and create derivatives of the image.
I would not buy any NFT that did not come with an explicit license. Note that most NFT marketplaces do provide a default license [0].
2.) To the extent that an artist created and sold an NFT of their original work, and then re-sold the copyright to a third party (you), I suspect the copyright system has a concept of an implicit license, i.e. the NFT holder cannot create derivative works or exploit the NFT commercially, but his ownership and re-sale of the NFT is likely non-infringing, so I'm betting you lose. You hopefully asked the artist for a representation that no rights had previously been granted, so you perhaps have a claim against the artist for breaching that representation, if made.
[0] https://www.natlawreview.com/article/nft-license-breakdown-exploring-different-marketplaces-and-associated-license-issues https://www.natlawreview.com/article/nft-license-breakdown-e...
- ac29 5y agoThe BAYC license does not grant copyright. Note that it also doesnt say that the license that is granted is exclusive, nor does it say its irrevocable. The actual copyright holder for the art can absolutely sell the copyright to someone who isnt the NFT holder. That person would be free to revoke or restrict the NFT license.