| I am not any kind of lawyer, including not being an intellectual property lawyer. In my view, ignoring all the froth due to fools thinking NFTs are a get-rich-quick scheme that might actually work, it is all governed by the usual copyright, trademark and contract laws and what matters is what a court is likely to decide when someone sues. Suppose a case goes to court to decide who own the copyright on an MS-paint badly drawn cat. Party A says they bought it from scam-see dotcom and they have an emailed receipt and payment record. Party A says they never sold it. They can subpoena records from scam-see Party B says that they bought the NFT from a Russian hacker on IRC, they have a secret magic number that they could use to add an entry to blockchain. Party B says that means they own the copyright. The judge is going to ask Party B if they have a signed contract. The judge is going to ask Party B if they can point to the section in copyright law that says knowing a magic number means you own the copyright of an image. In my view, the judge will rule that party A owns the copyright. At that point all the blockchain bullshit falls apart. If someone wants to sell the copyright on a badly drawn picture of a cat outside of a 'crypto market' then they can write a contract on a piece of paper and have both party's sign it, perhaps getting a notary to stamp it and getting someone to witness the signing. In my opinion, that is likely to be more expedient then hoping you can convince a judge that whoever has the newest secret magic number owns the copyright. |
I don't care that much about the copyright (although this depends on the license the artist gives the piece), but I do care about provenance, and for me NFTs give me clear proof of it.
Outside of the get rich quick schemes, there are plenty of legitimate artists selling their stuff at reasonable prices.