What to Watch in 2023
Here’s a roundup of legal issues at the intersection of art, intellectual property, and technology.
Can’t Locate The “John Doe” Who Stole Your Crypto Asset? Serve Papers on Him Via NFT!
In a first, a New York judge recently allowed plaintiff’s counsel to serve papers on “John Doe” defendants via a non-fungible “service” token. This new strategy allows those aggrieved by anonymous actors to effect service of process without having to find out the anonymous party’s name, physical address, email, or other identifying information.
Suit Over MetaBirkin NFTs Survives Motion to Dismiss
In one of the first trademark infringement cases involving an NFT project, a federal court in Manhattan recently denied artist Mason Rothschild’s motion to dismiss the lawsuit Hermès filed in connection with the artist’s MetaBirkin NFT project. The decision is important because it shows how courts may analyze trademark infringement claims in connection with NFTs going forward.
NFT Lawsuits Keep Dropping
Last year, we wrote about a few early lawsuits involving NFT projects including a Pulp Fiction drop and a planned Jay-Z album drop here and here. More recently, a number of other NFT-related lawsuits have been filed, including a case over the rights to an early NFT, cases against an artist and an artist’s estate over rights to mint, and suits by brands alleging third-party drops infringe and dilute their trademarks. Here’s a roundup of the cases.
Miramax Sues Tarantino Over Pulp Fiction NFTs
Earlier this week, Miramax sued Quentin Tarantino over the filmmaker’s plans to drop NFTs associated with Pulp Fiction. Here’s what you need to know.
NFT Auction Sales Integrate Printable 3-D Designs and More
Continuing on the NFT sales run, auction houses recently have announced the sale of NFTs that come with rights to 3-D print designs, use the artwork as a profile pic, and grant access to an online community of collectors. We discuss these sales below .
What Can a Lawsuit Over a Jay-Z Album Teach Us About Minting NFTs?
Recently, Roc-A-Fella Records, Inc. (“RAF”), which owns the rights to Jay-Z’s debut album Reasonable Doubt, sued one of the company’s three owners, Damon Dash, to block an NFT (non-fungible token) sale of the copyright to the album. RAF claims that, because it owns the copyright in the album, Dash has no right to sell it on his own. Shortly after filing suit, RAF obtained a court order temporarily barring Dash from selling any rights in the album. The case is a reminder that: (a) a rightsholder can block an improper NFT sale, and (b) minters and sales platforms should precisely identify the assets conveyed by any NFT.
What Can I (Not) Do With My NFT?
Recently, visual artists have minted non-fungible tokens (NFTs) of their artwork and offered the NFTs for sale in curated online exhibitions. What copyright interest, if any, is the artist selling to the NFT buyer? What is in the contract between the auction house and the artist? Below we discuss some copyright considerations in connection with such NFT sales.