Newsletter #151: NFTs and IP

This week’s featured collector is maryesthereliza

Maryesthereliza’s collection showcases a diverse range of digital assets, from virtual avatars and stylish jerseys to mysterious boxes and pixelated characters. With something for everyone, it’s an exciting mix of the trendy and the enigmatic in the NFT space. Check it out at lazy.com/maryesthereliza


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The results of last week’s poll: How did you primarily develop your taste as an NFT collector or curator?

Last week’s poll indicates that exploring diverse inspirations (33%) and introspection & trusting instincts (25%) were the primary ways NFT collectors and traders developed their tastes. Engaging with the NFT community also played a significant role for 25% of respondents.

Surprisingly, studying art history and theory was not a major factor, with 0% citing it as key to their taste development. Experimentation with creating art was somewhat influential, shaping taste for 17% of those polled.

As an NFT collector, these results suggest that to refine your eye and curate a distinctive collection, it’s valuable to seek out wide-ranging influences and trust your own intuition. Immersing yourself in the NFT community can expose you to fresh perspectives and help crystallize your preferences. While understanding art theory may provide useful context, actively exploring and engaging with art itself, both as an appreciator and creator, could be more impactful for evolving your unique artistic sensibility. By embracing this multi-pronged approach, you can cultivate a discerning eye to build a collection that reflects your singular vision.


NFTs and IP in the USA: No New Laws Needed, Says USPTO/USCO Report to U.S. Congress

TL;DR: A recent report from the U.S. Patent and Trademark Office and the U.S. Copyright Office concludes that while NFTs present some novel challenges, existing intellectual property laws are currently sufficient to address them. The key to managing rights and expectations lies in having clearly drafted NFT ownership agreements.

The U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office (USCO) recently submitted a detailed report to Congress about NFTs and intellectual property rights. The main points are:

  • Most experts believe that current IP laws can handle NFT-related infringement issues. Creating new NFT-specific laws now could be jumping the gun. The USPTO and USCO agree that changes aren’t needed right now.

  • The biggest worry is people being confused about what IP rights come with NFTs. Having clear NFT ownership agreements is the best way to tackle this.

  • Trademark infringement is common on NFT marketplaces. Their decentralized, anonymous setup makes enforcement tricky. But most think NFT-specific trademark laws aren’t necessary.

In a nutshell, the report says NFTs come with some new challenges, but current IP laws are sufficient for now. Having clear NFT agreements is crucial for managing rights and expectations—an important point for NFT creators to keep in mind going forward.

Why this matters for NFT collectors

As an NFT collector, this report provides reassurance that your NFT investments are protected under existing intellectual property laws in the US. You don’t need to worry about the legal landscape suddenly shifting with new NFT-specific legislation.

However, the report highlights the importance of clearly understanding what rights are associated with the NFTs you purchase. Not all NFTs grant the same IP rights – some may come with full commercial rights to the associated artwork, while others may only provide limited personal use licenses.

The key takeaway is to carefully review the NFT ownership agreement before making a purchase. Look for NFT projects that have well-drafted, explicit terms regarding the transfer of IP rights.

Overall, this report brings some stability to the NFT space from an IP perspective. But it underscores the need for collectors to be diligent in understanding the rights associated with their digital assets.

Read the full report here and a detailed analysis here.


This week’s poll: How will the USPTO/USCO report impact your NFT collecting?


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