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
The Moth Catcher
In this psychologically bed-headed portrait, a creature sets in a trance; his eyes devolved and vestigal, his third eye open but hardened and in a form resembling a Sharingan. The imagery therefore expresses an awareness existing in corporeal introspection. The creature’s mind sprouts, on the left side, an emerging face, grinning. To the right side of the head, red tentacles and fingers intertwine–a collaboration of invertebrate and vertebrate consciousness cooperatively handling paint brushes of the sort used to build an oil painting. The neck and throat bristle with random thorns, as from a rose or the upper portions of a beak sprouting from its flesh. The neck itself disassociates into layers of membranous material, terminating upon an abstracted base of convoluted forms composing its body. The nose is virtually non existent, more a sinus reiterative of the shape of the third eye. Set against the exposed teeth peering out of thick, meaty cheeks, a skeleton-like impression results. That impression sets behind a visceral set of lips and tongue, which is the creature’s prime seat of awareness. Sensual, organic, the tongue organ hangs, meaty, and with consciousness of a sea cucumber. It illuminates at the tip, drawing the attraction of a nearby moth–with mystery of purpose.
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By OthersideDeployer
Marinalandia
The aquatic world in a world to observe, to recreate, like the glacial landscapes. Both are a planet within ours, full of colors in the tropical case or minimalist in the glacier case, with strange species and wonderful animals each in its environment. This visual toy brings you a piece of that world in a fantastic setting.
The Rare Pearl Moon with Motion
Motion Version Part of my moon series. This super rare pearl moon has just washed ashore on a remote tropical island beach, fining one of these rare Jems is like a total worldly treasure! These moons, only fall to earth once in a few million years! When I found this one I felt the luck that is said to come with this pearl moon.
Nemita
Moonfae are a race of outlandish creatures in the world of The Beacon. Settlers named them so because of their otherworldy nature and their apparent relation to the moon.