Don’t worry, your NFTs aren’t going to be lost to the ether anytime soon.
Not a lot, explains Ross Feingold, special counsel at Taipei-based Titan Attorneys-at-Law., explains Feingold, outlines that the owner of a legal copy of a copyrighted work has a right to display, lend, sell, or even dispose of that copy without the permission of the copyright owner.
The trading card industrial complex spent a lot of time in court in the 1990s as licenses and limits of the first sale doctrine were tested. Feingold points to a few pivotal cases from that time as creating the legal framework that will guide arguments in court, should a dispute over NFL NFTs ever make it before a judge.
There have been several notable lawsuits, such as Kareem-Abdul Jabbar v. Upper Deck and Buzz Aldrin v. Topps,, which have taken place but have not provided clear guidance on when manufacturers must pay for the inclusion of athletes or celebrities in their products. If there’s one takeaway, it’s that the right of publicity in the trading card industry is a complex and highly litigated matter, and the uniqueness of different right of publicity laws in all 50 states creates a minefield.Generally speaking, the first sale doctrine would prevent these now-unlicensed NFTs from vanishing into the ether.A February 2023 paper
In the digital world, a first-sale doctrine requires that the same file can’t exist twice. In crypto parlance, the file can’t be double spent – which blockchain prevents.The U.S. Copyright Office has rejected the idea of a “digital first sale” due to the impossibility of confirming the deletion of the original file.
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