Intellectual Property and Copyright Flashcards

An artist mints an NFT of their digital painting. Who holds the copyright to the underlying artwork by default?

Answer: The artist who created it

Copyright automatically vests in the creator of an original work, and minting an NFT does not transfer that right unless explicitly assigned.

A collector buys an NFT artwork. What right does the collector NOT automatically receive?

Answer: Right to make commercial reproductions

Purchasing an NFT conveys ownership of the token, not a license to commercially reproduce the underlying copyrighted work.

Which legal doctrine allows limited use of copyrighted material without permission for commentary or criticism?

Answer: Fair use

Fair use (17 U.S.C. § 107) permits limited use of copyrighted works for purposes such as criticism, comment, and education.

An NFT project uses a famous logo without permission. What IP claim would the brand most likely pursue?

Answer: Trademark infringement

Unauthorized use of a brand's distinctive logo in commerce constitutes trademark infringement.

What is a 'smart contract license' in the context of NFT IP rights?

Answer: Code embedded in the NFT that automates royalty and usage terms

Smart contract licenses encode usage permissions and royalty splits directly into the NFT's on-chain code, executing automatically.

Under U.S. copyright law, how long does copyright protection last for a work created by an individual artist today?

Answer: Life of the author plus 70 years

For works created by individuals, U.S. copyright lasts the author's lifetime plus 70 years.

A digital artist creates an NFT collection while employed at a design studio during work hours. Who likely owns the copyright?

Answer: The employer, under work-for-hire doctrine

Works created by employees within the scope of employment are 'works made for hire,' giving copyright ownership to the employer.