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Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs

By James Gatto on March 24, 2021
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Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs. However, for those just entering the space, there are many things to consider given some of the unique aspects NFTs and digital art.

The IP owners that may capitalize on this NFT boom can include:

  • brands that have famous trademarks, logos, and other brand identifiers;
  • game companies that have unique characters or game art
  • book, movie and other publishers that have unique characters and other IP;
  • artists who created have physical or digital works;
  • other IP owners

When IP licensing rights for use in digital art and other NFTs, it is important to be clear what is and what is not being licensed. The scope of the license should be limited to particular purposes. Various other limitations may also be appropriate. For example, a creator may grant rights to create a specified number of NFTs associated with a copyrighted work, in order to maintain the scarcity (and associated value) of the NFT based on such work.

Other examples to consider include imposing limitations on:

  • modifications of the IP or the art in which it is included;
  • what can be combined with the IP-based art; and
  • where and how the NFTs are distributed.

Learn more on this topic by reading our full article here.

Photo of James Gatto James Gatto

Jim Gatto is the co-head of Blockchain and FinTech Team in the firm’s Washington, D.C. office.

Read more about James GattoEmail
  • Posted in:
    Intellectual Property, Probate & Estate Planning
  • Blog:
    Art Law Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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