The Art of Copyright
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The Art of Copyright
Understanding Ownership in the NFT Space
Five Things Every Artist in the NFT Space Should Know About Copyrights
As an appropriation artist in the NFT space, my journey has led me to learn a lot about copyright law and intellectual property rights (IP). I’ve even been lucky enough to have my reporting on CryptoPunks and copyright included in some academic legal papers. And I’ve taken an Art Law course Christie’s to beef up my understanding even more (yeah; I’m a nerd like that). But I’m not giving legal advice here.
The focus of today is to give you a high level overview of the few things I think every artists in the NFT space should have a basic understanding of.
The History of Copyrights
Copyrights are not a modern-day construct; they were born in 15th century Italy and matured over time. The US codified these rights into law in the late 18th century, offering authors and inventors exclusive rights to their creations to promote innovation and originality. A global consensus, however, wasn't achieved until the Berne Convention of 1886.
The Berne Convention
The Berne Convention harmonized disparate national copyright laws, acknowledging creators' innate rights to their creations, regardless of formal registration. It was this policy that awarded global copyright protection to icons like Mickey Mouse, initially only recognized under US law. The convention also highlighted the "moral rights" of artists, emphasizing the intimate bond between creators and their creations.
Creative Commons Zero (CC0)
A significant departure from conventional copyrights, CC0 enables creators to renounce their rights to their works entirely, thereby approximating the public domain as closely as possible. Under CC0, others are free to distribute, modify, and utilize the work, even for commercial purposes, without requiring permission or giving credit to the original creator.
The Complexity of Global Copyright Enforcement
Though these definitions seem simple, they become complex when implemented across different jurisdictions due to differing interpretations of copyright and IP laws. The legal subtleties of copyright violations, fair use, and appropriation art vary widely across countries like the US, the UK, or Germany. The decentralized and international scope of the blockchain and NFT space only adds to this complexity.
The Curse of Intellectual Property Ownership
As copyright law has developed, it has strayed from its initial aim of nurturing creativity. Presently, it seems to prioritize corporate defense over artist protection. The advent of intellectual property ownership, where influential bodies control rights to wide-ranging ideas or concepts, often inhibits innovation rather than promoting it. Disney's robust defense of its copyrights, stretching well beyond Mickey Mouse, impacts an extensive array of characters, narratives, and even emblematic symbols.
My Hope for the Future of Copyright
I imagine a future where art and creativity are not shackled by excessive IP laws. While I acknowledge the significance of copyright in defending artists' rights, I see the potential for a more forward-thinking approach. We need to revisit our perceptions of copyrights, redefining them for a new age of art and creativity in the digital realm, where decentralization and freedom should prevail. Let's not forget, we're not just creating art; we're crafting the future.
I hope I added value to your day. ☀️
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Quick Bytes
Soon I’ll be launching a new community-driven art initiative called Crypto Art Friday Where each Friday, I’ll announce a new theme encapsulated in a single word, inviting artists globally to interpret and explore that theme through their unique artistic lens.
Featured Artwork
Today’s featured artwork is from my Second Realm Art Collection:
“Gucci Gang” was minted in 2020 on Rarible by Turkish artist, Sadexkedu.
Second Realm is a Web3-focused creative studio. It’s where I catalog and organize my artwork and projects. And where I house my personal collection of digital artwork collected over the years.
The Art of Copyright
Love your Hope for the Future. Curious how AI Art adds to the complexity of the NFT copyright situation ...
As a writer, people have taken my words and used them, sometimes extremely out of context to make money. When I was doing a lot of work in the crochet space, designers were always trying to find the people who were stealing their patterns and take them down. In both sectors, many of my peers devote a lot of time to making sure that their work isn't stolen in this way. And while I think it's crappy that it happens, I have never seen the value of spending my own time worrying about it. I kind of have a faith that my work will reach the people it's meant to reach and whoever is stealing it will reach a different kind of people and I just don't concern myself with it a lot.