US copyright laws sufficient to handle NFT IP violations

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Non-fungible tokens (NFTs) can boost artist income and expand brand appeal. However, according to a new report by U.S. copyright and trademark regulators, intellectual property rights (IP) infringement is rampant in the industry.

The U.S. Patent and Trademark Office (USPTO) and Copyright Office published a joint study delving into IP rights in NFTs. The study, conducted following a request by a Congressional committee, solicited comments from the public and held three public roundtables in January 2023.

Today, @USPTO and @CopyrightOffice published the results of our joint study on the intellectual property law and policy implications of non-fungible tokens (NFTs). Learn more and read the report: https://t.co/HBy2tNB7Qk pic.twitter.com/IrhynPLWo6

— USPTO (@uspto) March 12, 2024

The two found that NFTs are transformative for artists and can boost revenue through downstream resales of their works. They can also expand the brand appeal of trademark owners and support the management and licensing of IP rights.

However, the study expressed concern that NFT buyers and sellers are unaware of the IP rights implicated in creating, marketing, and transferring these tokens. The two watchdogs concluded that NFTs could facilitate trademark and copyright infringement.

“NFTs offer unique opportunities for creators to leverage their IP rights, but also present new challenges in keeping their work secure,” commented USPTO director Kathi Vidal.

Vidal pledged her agency’s commitment to continue working with industry stakeholders to understand the impact of NFTs and other new technologies, such as artificial intelligence (AI), on IP rights management.

Despite the concern, the two believe the current IP laws are sufficient to handle NFTs.

“…NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology…[we] do not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time,” the report stated.

NFTs have been at the heart of dozens of lawsuits involving major entities that have sued for IP infringement.

One of the most publicized legal battles was between digital artist Mason Rothschild and French luxury house Hermès (NASDAQ: HESAY). The company won a lawsuit in which it accused the artist of trademark infringement for his MetaBirkin NFT collection, which was based on Hermès’ luxurious Birkin bags.

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