As we all know, when we buy a physical artwork, what we get is a physical object. We can put the purchased famous painting on the wall and appreciate the entity, and the owner has the right to allow Others show copies of paintings. In addition, in the field of images and music, copyright issues have also received great attention. If you want to use copyrighted images and music, you must pay a license fee. The platforms that once owned a lot of infringing content have now been rectified. Many things that could have been owned by copy and paste in the past are now protected by copyright. However, this year’s NFT, which is hot in the field of encryption, is facing disputes over copyright.
For example, now the Ethereum mainnet has launched a lease agreement called reNFT, which allows users to “rent” CryptoPunks assets. According to the agreement, the owner of the CryptoPunk only needs to sign a special transaction, which complies with the tenant rights agreement, allowing the CryptoPunk to be displayed as the tenant’s profile picture for a fixed period of up to 99 days, while the rented CryptoPunk is allowed to be listed in the NFT Display on the market, Twitter, Discord, and any other social platforms where cryptopunk users gather. In other words, this rental service creates an NFT license that allows people to pay to borrow and display their encrypted punk avatars.
In this case, CryptoPunk NFT holders can make money while owning ownership. However, this has also triggered extensive discussions on whether the “copy and paste” of these digital images is suspected of infringement. Nowadays, more and more people are beginning to rent CryptoPunks as their social media avatars, and the renters can get the right to set CryptoPunks as their avatars within a fixed number of days. The biggest motivation for them to buy CryptoPunk is to use it as their own unique social media “tag” and not allow others to copy images.
In the above example of Ethereum, you did not actually get the property rights of the image itself, and these JPEG property rights are still reserved by the original author by default. Because according to the relevant regulations of the United States Copyright Office-the author transfers the copyright to another person or another entity, such as a publisher, unless the relevant parties have a written agreement, the author will always be the owner of the copyright.
So “renting” CryptoPunks raises an important question-why can’t you simply copy and paste the NFT? In fact, if CryptoPunk only uses an avatar image, it seems to be no different from other avatars. Users can directly save the CryptoPunk avatar as an “image” format, and then upload it to various social media platforms for direct use as an avatar. Pictures, it seems that there is no need to waste this money at all.
But it’s worth noting that this is not like we usually save other people’s photos and use them as our own photos. In the NFT field, copying other people’s NFT is a kind of theft. We can’t right-click and save a CryptoPunk directly. Used as a personal avatar.
From a legal point of view, possession of NFT does not automatically mean possession of original property rights. The creator of the CryptoPunk image owns the copyright that is not transferred to the NFT purchaser, and the purchaser/owner of the NFT owns the token and the copy of the image. There is a difference between the two. In addition, it is generally believed that the buyer of the CryptoPunk avatar image does not have the copyright to the image, but has the right to display the purchased copy.
In the case of CryptoPunks, the blockchain startup Larva Labs is the creator of this NFT, which means that they are the true owners of the CryptoPunks intellectual property. Maybe Larva Labs paid for the programmer to create the image or the owner established the copyright of the image in Larva Labs from the very beginning. In any case, Larva Labs owns the copyright of the NFT image sold. , Unless part of the copyright in the NFT purchase agreement is transferred. At the same time, Larva Labs also has the legal right to stop certain people or certain entities from using their works of art.
In other words, unless NFT buyers expressly stated in the purchase agreement, they do not know what rights they will actually have. For any party, copying the CryptoPunk avatar is likely to be illegal and copyright infringement, so the copyright owner has the right to claim damages.
Although it is illegal to copy CryptoPunk avatars, CryptoPunks buyers/holders can lend or rent the images and tokens they purchased, just like the owner of a painting allows others to show a copy of the painting. But the prerequisite is that the CryptoPunks buyer/holder must have obtained the NFT copyright in the purchase transaction, otherwise they will still not be able to rent or lend any copy of CryptoPunks.
For example, CryptoPunk leasing service provider CryptoPunk.rent clearly pointed out that the tenant only has the right to use CryptoPunks and requires the lender not to use its own CryptoPunks on social platforms. In other words, the lessee can only have the rights owned by the purchaser of the NFT, such as the display rights of CryptoPunks, and once these NFTs are used for commercial purposes, there are likely to be more restrictions and restrictions on use.
We found that although the current selling price of NFTs is very high, because NFT copyright holders want to increase their NFT market value as soon as possible, and then change hands to make a profit, the issue of infringement has not been considered. If all NFT owners can hold the infringer to blame, then I believe that intellectual property issues in the NFT field can be properly resolved just like problems in other fields.
Posted by:CoinYuppie，Reprinted with attribution to:https://coinyuppie.com/why-cant-you-copy-and-paste-nft-simplely/
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