If you’re wondering whether Can NFT be copyrighted?, the answer is no. Copyright protects creative works, including books, movies, and music. It’s impossible for an NFT to be protected by copyright because it’s not a creative work.
However, that doesn’t mean that your NFT isn’t covered by other laws or licenses. If you create an NFT on a platform like Etheremon or CryptoKitties (called “franchises”), then it’s important to read the terms of service before you create any content for the franchise so you know what kind of materials are allowed on their platform.
A new genre of art is emerging: non-fungible tokens (NFTs). But can they be copyrighted? Is the question even relevant? And what does it all mean for the future of art and blockchain? In this post, we’ll explore these questions and more.
What is NFT?
“NFT stands for “non-fungible token.” It’s a digital asset that can be exchanged, transferred, and traded like any other cryptocurrency or crypto-asset. The main difference between it and cryptocurrency is that an NFT represents real-world assets such as artworks or collectibles; these cannot be copied or reproduced.
NFTs are not limited to digital goods. They can also represent physical objects with unique characteristics, such as real estate (e.g., a house in the Hamptons) or even people (e.g., one’s DNA profile).
What does the future look like for NFT and copyright?
The future of NFTs is uncertain. The courts, Congress, and the SEC could each play a role in determining how NFTs are regulated.
It’s also possible that the Supreme Court will take up the issue of NFT copyrightability in a case against a company called OnePlay, which makes video games by selling digital cards that players can use to unlock certain features in their games. In this case, the court might have to decide whether or not it considers “non-tangible” things like video game content to be “works made for hire.”
NFTs are interesting and weird, but lack traditional copyright protection.
NFTs are interesting and weird, but they don’t have the same copyright protections that other forms of media do. That’s because NFTs are new and complicated—they fall into a legal category called “things,” which doesn’t have a clear definition under U.S. law. Contrary to popular belief, this doesn’t mean that NFTs can never be protected by copyright at all; it just means that any protection you’re looking for won’t come from the U.S. Copyright Act (or any other laws).
Fortunately, there are still some ways in which you can keep your work safe from theft or misuse: You can: you can register your work with the U.S. Copyright Office before someone else does; you can build a community around your art to ensure its safety (which is why communities like CryptoKitties’ KittyVerse exist); or you can make sure everyone knows who owns what when they interact with it (as CryptoKitties did when designing their contracts).
We’re excited to see what the future of NFTs holds. There are lots of interesting questions that remain unanswered, and we can’t wait to see how they get answered!