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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
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
