Can you copyright artificial intelligence artwork and NFTs? You may be surprised to hear the answer to this question. New podcast episode (5 min).
Click here to read the letter from the Copyright Office I mentioned in this episode.
Copyright law is complicated. Understanding and protecting your Web3 and NFT related copyrights is not an option, it’s a necessity. Here’s a quick 6 minute overview I know you’ll find helpful.
The lawsuit against Katy Perry’s copyright infringement for her smash hit, “Dark Horse”, has come to a close. The singer was found guilty for copyright infringement in August 2019, and it cost her a whopping $2.78 million.
While the defense team argued Perry used basic pop music building blocks for the song, the jury found otherwise. The lesson to be learned is that one can never be too careful.
So what steps can creatives take to avoid getting sued for copyright infringement?
There’s a blurred line between saying one was inspired by a creative piece, and actually “taking” a part of it for your original idea. Even if Perry had admitted to using another artist’s song as inspiration for “Dark Horse”, the verdict shows that she was inspired a bit too much. The lesson here: admire others, but stay 100% original. If you question whether it may violate copyright laws, it probably does.
So let’s say you really, really love a song (or photograph or painting, etc.) and want to use some of it in your music (or artwork, etc.), you’re better off just asking and getting written permission. Find out who the owner is and ask if you could use it or have a license to use it. It’ll be a hit or miss (and may even cost you some — or a lot — of money), but it’s better than getting sued later on.
If you have any questions regarding copyright — including how much of a work you can use (and in what manner) — definitely consider talking to a lawyer or doing some research through the U.S. Copyright Office website. Their FAQ page at the Copyright Office site has tons of answers you may be searching for, too.
Despite the title, it’s essential for me to start off this post with the same advice I give my clients. It’s as follows:
If you didn’t create the content you want to use, don’t use it without the express written permission of the creator or legal rights holder.
Tom Sinclaire of Eastern Shore Broadcasting and I chat about IP and copyright laws while livestreaming. Click here or watch below.