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Intellectual Property and Copyright Flashcards

7 cards from real NFT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Intellectual Property and Copyright flashcards as text

  1. A generative AI creates an image that is minted as an NFT. Under current U.S. law, who holds the copyright?

    Answer: Potentially no one — AI-generated works may lack copyright protection

    The U.S. Copyright Office has held that purely AI-generated works without sufficient human authorship are not eligible for copyright protection.

  2. What is a 'moral right' in the context of art copyright, and how does it apply to NFTs?

    Answer: The right of the artist to attribution and to object to distortion of their work

    Moral rights protect an artist's personal connection to their work, including attribution and integrity rights; the U.S. grants limited moral rights to visual art under VARA.

  3. An NFT collection titled 'CryptoCats' is launched after an existing trademark 'CryptoCats' is registered. What issue arises?

    Answer: Trademark infringement or dilution

    Using a registered trademark in commerce without authorization can constitute trademark infringement, especially if it causes consumer confusion.

  4. What does 'first sale doctrine' mean in the context of NFTs?

    Answer: Once a copyright owner sells a copy, they cannot control its resale

    The first sale doctrine (17 U.S.C. § 109) allows the purchaser of a lawfully made copy to resell it without copyright holder consent, though its application to NFTs is still debated.

  5. An artist enters a collaboration where they contribute designs to a joint NFT project. What type of authorship applies?

    Answer: Joint authorship

    When two or more authors contribute copyrightable expression with the intent to merge their work into a unitary whole, the result is a jointly authored work under U.S. copyright law.

  6. Which scenario most clearly constitutes copyright infringement in the NFT context?

    Answer: Scanning and minting a museum's public domain painting without transformation

    While the underlying painting may be public domain, a high-resolution scan with sufficient originality may be protected; however, simply minting another artist's copyrighted work without permission is clear infringement.

  7. What is the primary purpose of including IP terms in an NFT's 'Terms of Service' or accompanying license document?

    Answer: To clearly define what rights buyers receive regarding the underlying artwork

    IP terms in NFT licenses specify the scope of rights granted to buyers — such as personal display, commercial use, or derivative work creation — reducing legal ambiguity.