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
Fuku-Shiva
The term “Fuku” refers to fortune or good luck. “Shiva” refers to the Hindu deity who represents strongly polar qualities, both severe and delicate. On a beach inspired by adventures on Phi Phi island in Thailand, three youths cavort. Two are representational figures and the third is psychologically rendered. A dynamic relationship ensues between the triad; a reciprocity of active and passive states. The boy on the right engages in maneuvers of evasion, defense, and is dressed in a speedo which reiterates the colors and symbolism of the caution tape on the left and upper right frame of the composition. In concurrent reaction the psychedelic figure shoots out a rocket powered paper airplane. The nude boy seated in the froth and sand approaches in passive repose, and is met with active attention but equal physical reserve by the psychedelic being. Perhaps the most naked figure is also the least representational. Looming large, dynamic, and active, it engages its companions playfully. Various symbols interject into the otherwise naturalistic scene, most notably a beach ball and two contaminated barrels nested in the sand. The upright barrel reads “FukuShima” in Kanji. The barrel laying down reads “Dharma”. To the left the scene is bounded by caution tape, reiterating the danger of the nuclear waste while also hosting alien archetypes, whose presence, as is the nature of these entities, runs up and just behind the consciousness of the psychedelic figure’s eggshell-like skull.
Azuki #1468
Azuki #1468
Domestic - 2017
“Domestic is the manifestation of the cultural patriarchy in my home. The wooden "woman's" tragedy of false desire. It was done in a moment of breakup. The hollow 3d body & its lost eyes, invites you to fill up. Trying to reach out, encumbered and wrapped in its own fragility, the new mother rises."
CryptoPunk #3831
The CryptoPunks are 10,000 uniquely generated characters. No two are exactly alike, and each one of them can be officially owned by a single person on the Ethereum blockchain. Originally, they could be claimed for free by anybody with an Ethereum wallet, but all 10,000 were quickly claimed. Now they must be purchased from someone via the marketplace that's also embedded in the blockchain.
Block Chain Dungeon
Once upon a time... a little boy named Leo loved to paint, draw and experiment. He also loved to play with blocks and chains, which drew him again and again into the rooms of his friends Michel and Angelo. Often they also met in virtual rooms of Cryptovoxels, Decentraland, Somnium Space or Sandbox to create new inventions, read books about new technologies, or just swing the brushes. But on this day something gigantic happened. A good friend of Leo came to visit and brought his girlfriend Mona, who wanted a piece of Leo's art on her skin. This was the birth of the NFT's, as Leo developed Non Fungible Tattoos in the Block Chain Dungeon of Michel and Angelo. From that day on people from all over the world came to get NFT's from Leo or one of his students, like "Skeenee the rat", who controls the NFT machine with his laptop. A new age began.