An Introduction to Copyright

At its core, copyright on MusicArt means that minters must know and understand that they may only mint or sell completely original content that they made, or content that they are completely and clearly authorized to copy and distribute. This rule is important. Not that you ever would, but if someone were to mint or sell something that they don’t own the rights to, or aren’t somehow authorized to do so, the actual rightsholder can file a complaint, and their NFT will have to come down. Do not invite that possibility. Do not mint, or list for sale, anything that you are not sure that you either own the rights to, or are explicitly authorized to mint or list for sale.

So how do you know if you hold the copyright to a work of art? To answer, let’s dive into what copyright actually is. Copyright is a legal right that many jurisdictions give to creators to cover their “original works of authorship.” These can be visual works, written works, audio works, or multimedia works, like anything audiovisual, including digital art.

What does copyright mean? It means that the copyright owner can market, or otherwise profit from, their creative efforts, AND prevent anyone else from doing the same, unless they’re authorised, and only the copyright owner can authorise such uses. Usually creator(s) enjoy sole copyright ownership for original digital creations, unless they have some sort of an obligation to assign, convey, or transfer the copyright to someone else (for example, “working for hire”).

So, when exactly do you get a copyright over your own works? Do you have to register? While registering a copyright is a great idea for a whole host of reasons, in many jurisdictions, copyright actually starts the moment the creative work is completed. Copyright owners have the right to profit from, and the right to prevent the unauthorized use of, their creations from the moment the creations are finished—as long as the art is somehow attached to some sort of medium, like a digital file format.

Bottom line: the thing to remember here is that you may only mint or sell completely original content that they made, or content that they are completely and clearly authorized to copy and distribute. For the avoidance of doubt, you must not mint, or list for sale, anything that you are not sure that you either own the rights to, or are explicitly authorized to mint or list for sale.

Finally, this is an article, not legal advice. MusicArt’s policies on copyright are in no way legal advice. Do not rely on these words as legal advice. Do not rely on this article as any form of attorney-client relationship between yourself and anyone else. There is no guarantee that the information you’re reading here is accurate. If you have a legal question about your rights as a MusicArtist or as a MusicArt collector, especially about anything concerning your right to mint artworks, a “fair use defense,” or any sort of claim of copyright infringement, you should contact an attorney and not MusicArt, nor any members of the MusicArt team.

Published at 5/10/2022, 12:16:09 PM

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