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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
https://www.law.com/corpcounsel/2025/12/12/ftc-weighs-petition-to-revive-click-to-cancel-rule/
Law.com quoted Holly Melton was quoted in a Law.com in an article discussing the Federal Trade Commission's consideration of a petition to revive the "Click to Cancel" rule. Ms. Melton analyzed the FTC's potential next steps following the rule's invalidation by the Eighth Circuit Court of Appeals. She noted that when Amazon agreed to pay $2.5 billion in September to settle allegations of deceptive Prime subscription practices, the settlement document included language indicating that any future rulemaking on subscription cancellations would supersede the agreement's provisions. Mr. Melton emphasized that this language "reads like a deliberate placeholder—future-proofing the settlement for the reappearance of click to cancel," suggesting the commission anticipates reviving the rule in some form. She advised that businesses should maintain compliance with the rule's underlying principles, stating that "for advertisers and subscription-based businesses, the path forward is clear: provide transparent disclosures, obtain affirmative consent, and make cancellation as effortless as sign-up." Read the full article on the “Click to Cancel” rule here. ( Behind paywall).
December 18 2025
Challenges in Opt-Out Design and Children’s Privacy Highlighted by Sling TV’s Settlement With California AG
Cybersecurity Law Report quoted Daniel Goldberg regarding California AG Rob Bonta's $530,000 settlement with Sling TV for CCPA violations related to opt-out processes and children's privacy protections. Read more.
December 1 2025
Game Companies Must be Flexible to Comply with Changing Laws
Emma Smizer was recently featured as a panelist at GamesBeat Next 2025 and quoted in a GamesBeat article discussing global regulatory compliance and its impact on the gaming industry. Read more.
November 25 2025
