NFT Intellectual Property and Copyright 5

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

Trademark infringement or dilution

Answer

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

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

Joint authorship

Answer

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.

NFT - Art Practice Test

NFT - Art Practice Test

NFT Intellectual Property and Copyright 5