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October 11th, 2022
NFTs and Intellectual Property: What Do You Actually Own?
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “NFTs and Intellectual Property: What Do You Actually Own?” published by CoinDesk. The article discusses how non-fungible token holders are looking for new ways to monetize their digital collectibles and how creators of those NFTs are seeking ways to define what collectors can and can’t do with their original artwork. Jeremy is quoted saying, “Copyright is always an ‘opt-in’ structure, meaning that NFT artists can choose whether to specify what buyers of their artwork can do.” While some NFT creators don’t explicitly outline an intellectual property license, Jeremy says, “Not specifying an IP license operates as a personal license by default.” Explaining that if an NFT project doesn't specify its IP license, it is safest for a buyer to assume that they do not own the intellectual property rights and that their use of the NFT is restricted to personal only. He adds, “For a lot of the one-of-one projects, artists are not super thrilled about letting people just go out and make use of their artwork.”
Jeremy concludes by saying, “There’s ‘a lot of mythology,’ surrounding NFT IP licenses, and there is often a misunderstanding buried within the terms of the agreement – or a lack thereof. Unless [artists] say something out loud or put something in writing, no one gets any rights until they say otherwise.”
Read the full article here.
Other Quoted
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025