NFTs, the Metaverse and IP

Published on Feb 16, 2022

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PRESENTATION OUTLINE

NFTs, the Metaverse, IP & Merck

Photo by Efe Kurnaz

Where is the Metaverse?

Photo by AbsolutVision

Who are the people in the Metaverse?

The Influencer Marketing Hub define the modern-day metaverse as “something that is always active, exists in real-time, players have individual agency, it’s a self-contained and fully functioning universe and contains user-generated content.”

How does that differ from Web 1.0?

In some ways it does. In others, it doesn't. It's a method of marketing.
Photo by Linden Lab

Untitled Slide

  • Trademarks
  • Trade Dress
  • Copyright
  • (Patents, too.)
  • Not trade secrets, or PII!

Pets

Beloved across the web and social media.
Photo by Matthew Henry

Trademark
Trade Dress
Copyright

Precedent Applies.

(Maybe?) (Probably?) (Sometimes?) (Always.)
Photo by Mariah Krafft

What is an NFT?

NFTs are digital assets that are provably unique. They are linked to digital (and sometimes physical) content, to manifest proof of ownership.

Photo by avlxyz

How are NFTs stored?
In a digital wallet.

Photo by Tezos

After an NFT is minted (created) every transfer -- including each sale -- of the NFT is recorded on a blockchain. This creates a ledger with information on ownership and price history. This record is known as provenance.

What the minter has the right to include (plus anything in the public domain).

What can an NFT contain/include?

Why Do You Think You Own the Thing?

It's On The Internet

I Can Use It, Right?
Photo by Radoslav Bali

No.

Photo by chrisotruro

Major Multinationals & Fair Use

Photo by Timon Studler

Magic: The Gathering

Source the Content

Who Owns the IP Before Transfer?
Photo by fabioomero

Who Owns the IP After Transfer?

Photo by @DrGarcia

Confirm the Source

(of the IP (& of the funds))
Photo by Jakob Rosen

Written Contracts Are Still Useful

(or: Have the Rights Before You Mint)
Photo by Sigmund

NGMA?

Photo by gameraboy

Heidi Tandy

Haiku Deck Pro User