24/08/2022 NFT copyright is still a total mess, says report

An illustration of a Bored Ape at the center of a vortex pulling in Meebits and CryptoPunks.Illustration by Alex Castro / The Vergenone

Non-fungible tokens or NFTs are sold on the promise of “ownership,” but a new review suggests many creators and buyers still have no idea what that means. A review from blockchain investment company Galaxy Digital finds that only one of the 25 most valuable NFT projects even tries to give buyers direct intellectual property rights to the underlying art, and many offer confusing or nebulous licenses despite recent efforts to clean up the space.

The Galaxy report analyzesthe terms of major NFT projects, including the Yuga Labs project Bored Ape Yacht Club (BAYC),Gary Vaynerchuk’s VeeFriends, and World of Women as well as the “metaverse” social platforms Decentraland and Sandbox. It concludes that “the vast majority of NFTs convey zero intellectual property ownership of their underlying content,” and many of their operators (including Yuga Labs) “appear to have misled NFT purchasers” about the extent of their rights. Some projects have tried to prevent confusion by adopting the widely known Creative Commons license, but in the process, some have effectively untethered IP rights from the NFT — making it “impossible” for NFT holders to defend exclusive rights to the art.

“It’s hard to imagine that Seth Green and his production studio didn’t negotiate a separate deal”

This echoes the conclusions of a review by Cornell University and the Initiative for CryptoCurrencies and Contracts,adapted byThe Vergeearlier this year. And both reviews call out BAYC, one of the largest and most influential NFT series, as being particularly incoherent. The BAYC terms promise that buyers “own” the underlying art for their token “completely,” but they also grant a license that directly contradicts this claim. (In short, if you actually owned the art, you wouldn’t need a license to use it.) Galaxy is highly skeptical of the claim thatmajor artists like Seth Greenare actually relying on NFT terms of service. “It’s hard to imagine that Seth Green and his production studio didn’t negotiate a separate deal with Yuga,” it quite reasonably concludes.

That said,Yuga Labs recently introduceda greatly overhauledterms of servicefor its CryptoPunks and Meebits series, laying out what a more professionalized version of NFT licensing might look like. Galaxy also calls out the “noble effort” World of Women (WoW), the only project in its survey that tries to formally transfer copyright ownership of art with its NFTs. But it says WoW still doesn’t clarify how selling the NFT transfers the rights to any derivative works based on that copyright.

When the IP rights stay with the NFT’s original creators, they can unilaterally change the terms in ways some NFT buyers might hate. This recently happened with the Moonbirds project, which announced a switch to the CC0 (or “no copyright reserved”) Creative Commons license after telling buyers for months that they “owned” their Moonbirds art. CC0 effectively means anybody, not just the NFT holder, can use the art — something that allegedly sunk at least one Moonbirds owner’s pending licensing deal with a brand.

Galaxy’s report focuses on the goal of improving NFT licenses. This might be helpful for NFT aficionados who want to license their purchases or make fan art of them. But the current state of play doesn’t indicate they’re a great way to manage intellectual property rights — at least not without a lot more work.

Arts

https://www.theverge.com/2022/8/22/23316723/nft-copyright-galaxy-report-crypto-ip-rights-licensing-ownership

Interesting NFTs
Alex in Wonderland
A figure, Alex, stands mostly naked in the midst of a physical and psychological maelstrom. He is clad only in nostalgic 80’s era socks, on a tenuous island between active waters and a variety of shark denizens. Sharks on the right side of the image are all beached, including a shark with a quartz crystal snout, an orange shark wrapped in a life buoy, and a shark further in the distance wearing an 80’s style shirt with the number “88”. On the left side is the largest shark, wearing bright glossy red lipstick and brandishing prominent teeth with braces. She is cordoned off from the figure by a roped float divider, and within her thought bubble is a warning symbol. Behind the figure, hovering in the air, are Grey aliens emerging from the distance, out of a series of elliptical UFO shaped interdimensional membranes. The Greys take on the visual form of spermazoa ostensibly impregnating the interdimensional thresholds. As is typical, these Greys inhabit a zone just behind the unconscious topology of Alex’s dissociative mind. Though Alex’s bottom half is representative, his top half mutates into a psychological cornucopia. In a manner akin to “Auto-Erotic Sphinx”, a predecessor work, the figure has self suctioned—an act of sensual infatuation, enjoyment, and exploration. Upward exists the figure’s primary conscious eye, adorned with a revolutionary beret emblazoned with a Bitcoin badge. The figure’s summit features the nose of a fighter jet facing off against video game Bullet Bills, one of whom is marked by a communist North Korean star. A cropped section of a UFO observes the contest. Alex’s mind branches both left and right. To the left is more singular embodied consciousness, manifesting two eyes and a Ganesh trunk grasping crayons. The right branch dissociates upward diagonally, emerging into an array of eyes, faces, teeth, tail, a unicorn horn, and much more—all of which participate in expressing his unconscious being; a democracy of psychic factions representing thought impressions and associations. All illumination and darkness– fernal, infernal, high consciousness and corporeal underbelly–reside in this realm. In the distance are relatively languid, light clouds, and against the firmament hovers a colossal distant eye peering over the scene and far beyond. This painting possesses underlying genetic traits with previous works such as “Auto-Erotic Sphinx with Toys”, “Dionysus”, and “Fuku-Shiva”. The work serves also as a nod to an earlier period of art inspiration during late teens and early twenties— born out of the nakedness, vulnerability, curiosity, and wonder inherent to coming of age and all subsequent psychedelic revelation.
#65736
By OthersideDeployer
The Switch
The Switch is a unique, “one of one” NFT that demonstrates the evolution of artwork in the digital realm. The Switch is developed to change form at a specific point of time in the future, known by Pak. The evolution is determined and rendered immutable by smart contracts, or self-executing code on the Ethereum blockchain.
Tile [20, 5] - Bring It to Me
20 5
Gorgeous Guy
Uh, hi! My name's Gorgeous Guy. I once peed on Marie Antoinette's cat. They had it coming. I would give it all up to star in a soap opera. We're so fur-tunate to have found each other!