It is already difficult to imagine the modern digital space without NFT crypto pictures/cards that quickly burst into our lives. Many artists, designers and others have already realized the benefits of the digital world of NFT art, and now it is quite difficult to find a professional who does not have his own released NFT collection of pictures with his work, for example, on the opensea.io platform.
A NFT is a digital asset whose authenticity is verified on a Blockchain ledger. The term “non-interchangeable” means unique or one of a kind.
However, few of the authors of collections think about copyright protection for their digital content. The epiphany usually comes when an NFT picture starts to roam freely on the Internet. So, the author who did not foresee the protection of his rights in advance will not be able to resist this process. Considering the options for protecting copyright in digital era, you first need to decide on the object of the NFT.
NFTs and intellectual property
NFTs often include images, artwork or designs, or other creations that were previously created in another form and then captured. For example, a picture in the real, material world. This can lead to difficulties regarding usage rights where the owner of the NFT may not necessarily be the owner of the copyright to the underlying creation, or may not be licensed to those underlying rights at all.
When considering the NFTs implications for intellectual property, it is important to distinguish between NFT ownership and ownership of IP underlying. The rights granted by the NFT seller depend on the rights granted by license or assignment, and they may differ depending on each NFT.
For example, you purchased a photo of LeBron James in an NFT form, but the NBA owns the IP. In the IP context, ownership of fundamental rights is transferred only if the author of the original work expressly agrees to transfer those rights to the owner of the NFT. Without such an agreement, ownership of the NFT does not confer ownership of the underlying content or any associated intellectual property rights.
Often, the owner of the NFT may be prohibited from reproducing, distributing copies, publicly performing, displaying, or creating derivative works based on the original. Instead, the copyright owner retains exclusive rights.
However, all these issues can be resolved before the release of the collection, the launch of the project, or correct errors in already running projects, preventing fraud or loss of copyright. Create conditions for obtaining a constant profit from digital copyright authorship.
What do we offer for NFT collection release
For copyright protection, within the framework of the NFT collection, project, we offer the following services:
- Analysis of the NFT project for the possibility IP losing rights to tokenization objects;
- Rights protection strategy development;
- Writing smart contracts in compliance with the protection of IP rights, taking into account the goals of the project (license, assignment of rights, sale of content, etc.);
- The first publication fact fixing of the tokenization objects;
- Strategies development for online payment of royalties, NFT royalties;
- Schemes for taxation of online payments (“convenient” jurisdictions).
For a detailed analysis of the possibility of digital copyright protection, it is better to contact our lawyers. We are interested in you getting the highest quality and professional services and therefore we will do our best to ensure that your NFT collection / project is fully protected and you are guaranteed to receive profit from each NFT card sale (royalties). The cost of our services depends on the volume of participation of our lawyers, patent attorneys, IT specialists in the project. We guarantee reliable protection of your NFT collection / project on the Internet.
