3 ms·
> BAYC transfers ownership of IP. Does it, though? > Subject to your continued compliance with these Terms, Yuga Labs LLC grants you a worldwide, royalty-free
by crooked-v 4y ago
> BAYC transfers ownership of IP.
Does it, though?
> Subject to your continued compliance with these Terms, Yuga Labs LLC grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Bored Ape / NFT, provided that the marketplace cryptographically verifies each Bored Ape owner’s rights to display the Art for their Bored Ape to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Bored Ape, provided that the website/application cryptographically verifies each Bored Ape owner’s rights to display the Art for their Bored Ape to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Bored Ape leaves the website/application.
That's not IP ownership, just a conditional license, despite their talk of "owning" and "purchasing".
- gkoberger 4y agoYou posted the "Personal Use" section of their terms, and intentionally cut out what comes before and after it. For anyone curious to read the full terms, they're here: https://boredapeyachtclub.com/#/terms https://boredapeyachtclub.com/#/terms
- charwalker 4y agoCan I mint the terms as an NFT or is that recursive?
- Animats 4y agoOverview of copyright transfer.[1] Full copyright transfer and licensing are not the same thing. The BAYC terms seem to be a sale of an instance of the Art, with a limited nonexclusive license to the intellectual property. An exclusive license is considered a transfer, but this isn't one. If you got an exclusive license, nobody else, including BAYC or OpenSea, could display the Art without your permission until the copyright runs out. BAYC didn't give up that much. It's not clear that BAYC images are copyrightable in the US, because they are procedurally generated from templates. That will probably be litigated at some point. There's an interesting trade dress question. Suppose you fed a supply of BAYC images into a machine learning system and had it crank out similar images. Does Yuga Labs have any claim against you? [1] https://www.intellectualpropertylawfirms.com/resources/intellectual-property/copyright-infringement/transferring-a-copyright.htm https://www.intellectualpropertylawfirms.com/resources/intel...