Protect your Non-Fungible Token (NFT) from infringement

February 9, 2022

The Rise of NFTs and the Challenges They Pose

The recent development of digital technology has created a new set of challenges regarding the protection of work. Due to the existence of digital technology, digital assets can be republished rapidly, at a low to no cost, with no degradation of quality and people may resell the contents as their work easily! So, every moment that the content is left unprotected, authors risk losing revenue and other tangible and intangible benefits.          
At present, Non-Fungible Tokens (NFTs) have become increasingly popular in digital assets and many works are traded as NFTs. There is a serious misunderstanding about what an NFT really is. To put it simply, anything that can be digitized can be made into an NFT. It is a unique digital signature associated with original work, such as tweets, viral videos, memes, video games, etc. You can even digitize physical goods in some form, such as a photo, video, or scan. These days, every content creator has several legal questions about how copyright interacts with NFTs.
Our aim here is to mention some noteworthy issues regarding the ownership of an NFT.

Ownership and NFTs

1) What is being sold is a digital representation of the work, not the actual work.

2) The NFT is not the license, but evidence of the legitimacy of using the licensed work.

3) The purchase of an NFT does not necessarily transfer ownership or any other rights. So we shouldn't assume that purchasing an NFT automatically transfers copyrights or other intellectual property rights associated with the content.

4) Because NFTs do not involve the transfer of rights, the seller must offer copyright ownership to the purchaser in the contract. As such, it can be variable by contract. In some countries, formalities must be followed to transfer the copyright.

Copyright Infringement and NFTs

What should we do if someone violates our copyrights on an NFT we own?    

Copyright infringement should be considered from several perspectives in NFTs cases. When someone generates, exhibits, reproduces, transmits, or otherwise distributes an NFT that doesn’t belong to them, infringement happens!
Many creators have complained about their works being minted into NFTs without their permission.
It is important to know that copyright also applies to NFTs and there are some practical means and solutions to prevent infringement.                                                                  
The first step is to take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws concerning any alleged or actual infringement. Some legal requirements must be met to recognition of infringement:

A) The substantial part of the work or the entirety of it has been copied.
B) The related conjunction should be recognized between both works.
    (Undoubtedly, In the case of a token, the connection is available.)
C) The infringer violates at least one of the exclusive rights of the original rights holder without permission.

Contact Pellonia Today and Safeguard Your NFTs

Creators have been concerned about the risk of having their valuable assets fall into the hands of unauthorized users in the digital space. In NFTs cases, you shouldn't worry about this, because most of the disputes will be handled at the platform level. Opensea, Foundation, and other marketplaces are covered by Pellonia's services.
So, to ensure the infringing materials will be removed in a shorter period and higher quality, you can use Pellonia’s service to counter piracy with the power of Artificial Intelligence.
Contact us now, and we shall begin the protection of your precious works!

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