Just been pondering on NFTs; what with them being everywhere at the moment. Consider this; someone creates an NFT. They have an artist's resale rights clause in there. Now, with a 'smart contract' in place, every time that NFT is sold, they automatically get their commission paid into their wallet. But let's say, somewhere down the line, instead of doing a transfer by blockchain, someone just takes an assignment the old fashioned way. I produce a paper contract, the terms of which are: in exchange for a sum of money, you will assign the title in the NFT to me, and in practical terms provide me with the relevant passwords. Is that a sale that triggers the artist's release rights? Even if it is, how do you enforce it, or even know about the transfer? And has the purchaser bought the art itself, or just the NFT? Or is that a distinction without a difference? I'd love to hear if anyone has any thoughts on this? #NFT #copyright #resalerights

Posted by Alan Robertshaw at 2021-03-18 19:17:44 UTC