NFTs and Rights Clearance: Due Diligence, Transfer of Rights, NIL, Terms of Service
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide counsel on clearing rights associated with nonfungible tokens (NFTs). The panel will discuss the key considerations related to rights clearance and NFTs, including the rights in the underlying asset, transfer of rights, name, image and likeness (NIL), and terms of service. The panel will offer best practices for rights clearance.
- Rights clearance: key considerations
- Due diligence
- Transfer of rights
- Terms of service
- Best practices
The panel will review these and other key issues:
- What factors should be considered when determining whether to create an NFT? What steps should counsel take to ensure the creator or seller of the NFT has rights in the underlying asset?
- What rights need to be cleared to sell an NFT?
- If a creator does not have the right to mint an NFT, what action should be taken to obtain the rights needed to create and sell the NFT?
Daniel J. Barsky
Holland & Knight
Mr. Barsky regularly represents clients in intellectual property, information technology, and data-related licensing... | Read More
Mr. Barsky regularly represents clients in intellectual property, information technology, and data-related licensing and transactional matters, including M&As, private equity transactions, joint ventures, and multilateral and multinational licensing agreements. He assists and advises clients with navigating the complexities of transactions involving intangible assets such as patents, trademarks, copyrights, trade secrets and data, brand licensing and distribution agreements, blockchain technology such as cryptocurrency and NFTs, software and technology licensing agreements, and transition services agreements. Post-closing, Mr. Barsky assists clients with the maintenance and enforcement of their IP and IT portfolios with an eye towards leveraging those portfolios to drive revenue and growth. Mr. Barsky oversees, coordinates and maintains multinational trademark portfolios encompassing thousands of marks registered in more than 100 countries, including the monitoring and enforcement of the portfolios, as well as multinational, anti-counterfeiting activities. In addition to his transactional and counseling work, Mr. Barsky maintains an active, nationwide IP and IT litigation practice and has represented clients in patent infringement, trademark infringement, anti-counterfeiting, unfair competition, copyright infringement and trade secret theft matters, as well as information technology, data privacy, cyberfraud, data breach and hacking matters, and responses thereto. Additionally, Mr. Barsky is an adjunct professor at the University of Miami School of Law where he teaches patent litigation and the university's Startup Practicum, and is the university's faculty supervisor for the USPTO Law School Clinic Program.Close
Andrew L. Lee
Foley & Lardner
Mr. Lee has more than 20 years of experience in the sports, media, and entertainment industries, both in-house and as... | Read More
Mr. Lee has more than 20 years of experience in the sports, media, and entertainment industries, both in-house and as an outside advisor, with an emphasis on counseling senior-level executives at high-profile companies. He has extensive experience both as a litigator and a corporate transactional attorney, having handled complex litigation and business deals involving media rights, sponsorships, naming rights, intellectual property, licensing and internet-related issues, music licensing, business formation, acquisitions and restructurings, business divorces, human resources, nonprofit corporation formation and operations, employment issues, antitrust, real estate, corporate compliance, and finance-related issues, among others. Mr. Lee’s clients commonly rely on him as outside general counsel to act as a member of senior management and advise on legal aspects of day-to-day operational needs, including human resources, labor and employment matters, internal and external investigations, governance issues, and strategic transactions among other things. He is former General Counsel for the National Football League's New York Jets as well as the NY/NJ Super Bowl Host Committee.Close