Nonfungible Tokens and Copyright: Ownership, Digital Exhaustion, and Resale

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, September 21, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide IP counsel on copyright issues related to non-fungible tokens (NFTs). The panel will examine ownership, digital exhaustion, resale, and collective rights management. The panel will offer best practices for ownership and resale of NFTs and addressing infringement issues.

Description

Non-fungible tokens (NFTs) created headlines worldwide when a digital artwork in the form of an NFT by Beeple was sold for $69 million. The NBA Top Shot shop has sold over $230 million worth of videos in the form of Top Shot NFTs. Recently, Linkin Park musician Mike Shinoda launched an auction for an NFT audio clip of a new song. NFTs allow for the sale of limited editions of art from images to videos to music and permit sports teams, game developers, and other content owners to create unique digital assets that become collectibles. However, this market raises many new issues from what "ownership" of an NFT means.

Copyright law is critical to the NFT evolving marketplace as NFTs are usually associated with images, videos, music, and other content. However, NFTs do not easily fit into the form of traditional copyright ownership. This has implications as to the transfer of copyright ownership.

The seller of an NFT may not be the copyright owner of a work attached to an NFT. The purchase of an NFT may give the purchaser a quasi-ownership interest in a set of information connected to the content. Absent stipulations in the transaction, the purchaser of an NFT only gets a right over the metadata pointer to the digital object. The purchaser does not receive ownership or exclusive rights on the work or copy.

Listen as our authoritative panel of IP attorneys examines copyright issues related to NFTs. The panel will examine ownership, digital exhaustion, resale, and collective rights management. The panel will offer best practices for ownership and resale of NFTs and addressing infringement issues.

READ MORE

Outline

  1. NFT overview
  2. Application of copyright to NFTs
    1. Ownership
    2. Digital exhaustion
    3. Resale
  3. Copyright infringement
  4. Best practices for ownership and resale

Benefits

The panel will review these and other key issues:

  • Does the sale of an NFT transfer the copyright ownership of the associated object or file?
  • What copyright is there in the NFT itself?
  • What steps should IP owners and their counsel take if their IP has been infringed in an NFT?

Faculty

Goldman, Jeremy
Jeremy S. Goldman

Partner
Frankfurt Kurnit Klein & Selz

Mr. Goldman’s practice is focusing on entertainment, IP, commercial and privacy law. In addition to his general...  |  Read More

Radcliffe, Mark
Mark F. Radcliffe

Partner
DLA Piper

Mr. Radcliffe's practice is split evenly between corporate securities (particularly venture capital transactions)...  |  Read More

Tomasulo, Michael
Michael A. Tomasulo

Partner
Winston & Strawn

Mr. Tomasulo’s practice focuses on high-stakes intellectual property litigation and counseling for a wide array...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download