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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Wednesday, November 16, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide IP counsel on copyright issues related to non-fungible tokens (NFTs). The panel will examine ownership, digital exhaustion, resale, and collective rights management. The panel will offer best practices for ownership and resale of NFTs and addressing infringement issues.

Faculty

Mark F. Radcliffe
Partner
DLA Piper

Mr. Radcliffe's practice is split evenly between corporate securities (particularly venture capital transactions) and intellectual property licensing and strategy. He works with technology companies and companies that use technology throughout the world. Currently, Mr. Radcliffe is particularly focused on the use of blockchain technology and the use of tokens for capital formation and implementing new business models.

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Michael A. Tomasulo
Partner
Winston & Strawn, LLP

Mr. Tomasulo’s practice focuses on high-stakes intellectual property litigation and counseling for a wide array of entertainment and technology clients. He has appeared in more than 60 patent cases throughout the country, including the Federal Circuit, all California district courts, the Eastern District of Texas, the Northern District of Illinois, and the District of Delaware. Mr. Tomasulo has trial experience before the PTAB and the U.S. International Trade Commission. In addition to his patent litigation experience, Mr. Tomasulo has served as lead counsel or co-lead counsel in numerous trade secret, copyright, and trademark litigations. His litigation matters have involved a wide range of technologies, including various aspects of video game technology, networking technologies, cloud computing, virtual networks, semiconductors, internet search and database management technology, software patents, computer hardware emulation, mechanical equipment, medical devices, and biotechnology. 

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Description

NFTs created headlines worldwide when a digital artwork by Beeple in the form of an NFT was sold for $69 million. The NBA Top Shot shop sold over $230 million worth of videos in the format of Top Shot NFTs. NFTs allow for the sale of limited editions of art from images to videos to music and permit sports teams, game developers, and other content owners to create unique digital assets that become collectibles. However, this market raises many issues about what "ownership" of an NFT means.

Copyright law is critical to the NFT evolving marketplace as NFTs are usually associated with images, videos, music, and other content. However, NFTs do not easily fit into the form of traditional copyright ownership. This has implications for the transfer of copyright ownership.

The seller of an NFT may not be the copyright owner of a work attached to an NFT. The purchase of an NFT may give the purchaser a quasi-ownership interest in a set of information connected to the content. Absent stipulations in the transaction, the purchaser of an NFT only gets a right over the metadata pointer to the digital object. The purchaser does not receive ownership or exclusive rights on the work or copy.

Listen as our authoritative panel of IP attorneys examines copyright issues related to NFTs. The panel will discuss ownership, digital exhaustion, resale, and collective rights management. The panel will offer best practices for ownership and resale of NFTs and addressing infringement issues.

Outline

  1. NFT overview
  2. Application of copyright to NFTs
    1. Ownership
    2. Digital exhaustion
    3. Resale
  3. Copyright infringement
  4. Best practices for ownership and resale

Benefits

The panel will review these and other key issues:

  • Does the sale of an NFT transfer the copyright ownership of the associated object or file?
  • What copyright is there in the NFT itself?
  • What steps should IP owners and their counsel take if their IP has been infringed in an NFT?