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Copyright and Patent Offices Call for Comments on NFTs

The United States Copyright Office and the United States Patent and Trademark Office (USPTO) announced Collaborate on joint research on intellectual property (IP) issues related to Non-fungible token (NFTs). The investigation was commissioned by Senators Patrick Leahy and Thom Tillis in June. NFTs themselves are not a form of IP under current law. This is a blockchain token that can be used to represent ownership of things such as works of art. Merriam-Webster defines an “NFT” as “a unique digital identifier that is recorded on a blockchain and cannot be copied, replaced, or subdivided (for a specific digital asset and, therefore, an NFT is similar to a receipt, used to buy or sell an NFT. A work of art with an NFT attached can be protected under intellectual property law, but is a separate and distinct legal subject. coin desk explain,

Jack Dorsey sold his first tweet as an NFT To a buyer named Sina Estavi. Estavi owns the non-fungible token linked to the Tweet, but Dorsey retains the copyright. This means that Estavi cannot print Tweets on t-shirts or sell other merchandise without Dorsey’s permission.


If an NFT project does not specify an IP license, it is safest to assume that the purchaser does not own the intellectual property rights and that the use of the NFT is for personal use only. Under a personal license, the purchaser may use her NFT artwork for non-commercial purposes only. For example, collectors can use her NFTs as profile pictures on her social media, or use digital frames to display art in her home. However, the owner may not use the assets to make a profit, such as by selling prints of the artwork or using the artwork to create a spin-off book series.

NFTs first appeared in 2015 and became particularly popular in 2021.As new york times Reported in March 2021,

Artist Mike Winkelman, also known as Beeple, NFTs and Record-breaking $69.3 million, third highest price ever achieved by a living artistThe sale of purely digital works at Christie’s is based on NFTs, or ‘non-fungible tokens’. art It has grown from a specialty website to a prestigious auction house.Newcomer Beeple in the art world that I heard for the first time NFTs Five months ago, the most famous artist to profit from the huge boom in sales of these highly touted but little understood goods.

NFT prices are highly volatile. The value of the NFT market grew by 299% in 2020, with its value he exceeded $250 million. but, bloomberg As noted in September, NFT market trading volume has fallen 97% from its January peak.As Decryption recently reported,

crypto price is completely down in this week’s news FTX Liquidity Crunch When Suspicion of improper management Market turmoil NFTs the world too.popular ethereum to project Boad Ape Yacht Club We will see a drop in price as ETH falls and owners may panic over their precious NFTs.According to data from NFT Price Floor, the cheapest Bored Ape Yacht Club NFT available on the market (i.e. “lowest price”) is listed at 57.5 ETH, or around $76,400 at the time of this writing. is down 7%. However, when measured in US dollars, it is down almost 24% over the past day, given ETH’s decline in value (down 13% this week).

USPTO/Copyright Office notices seek written responses from the public to various questions about NFTs. For example:

1. Please describe the following: Current use of NFTs in a sector or industry, including the types of assets associated with NFTs (digital assets, physical goods, services, etc.). and b. Potential future applications of NFTs in a sector or industry, including asset types that can be associated with NFTs (digital assets, physical goods, services, etc.). 2. Describe any IP-related challenges or opportunities related to NFTs or the NFT market. 3. Describe how the NFT market will affect the production of materials subject to IP protection.

Comments must be received by January 9, 2023. As the Federal Register explains,

Comments must be submitted through the Federal eRule Making portal at To submit comments via the portal, enter docket number PTO–C–2022–0035 on the home page and[検索]Click. The site displays a search results page listing all documents related to this docket. Find a reference to this information request,[今すぐコメント]Click the icon, fill in the required fields, and enter or attach your comments. We accept attachments to electronic comments in ADOBE® Portable Document Format (PDF) or MICROSOFT WORD® format. Comments are public, so please do not include any information that you do not want published, such as your address or phone number.

The Copyright Office and the USPTO will also host live-streamed online public roundtables on this issue in January at the following dates:

• Patents: Tuesday, January 10, 2023 • Trademarks: Thursday, January 12, 2023 • Copyright: Wednesday, January 18, 2023

As copyright office Note,

Members of the public interested in participating as a panelist in one or more roundtables may submit a request to participate by email. [email protected] This request must include your name, professional affiliation, and contact information and specify the roundtable you wish to speak at. Requests must be received by him by December 21, 2022.

Additional information about these roundtables and registration instructions for viewing them are posted at will be Additional information and registration instructions for the Copyright Roundtable are posted at The roundtable was videotaped and transcribed, and copies of the recording and transcription are available at the USPTO and Copyright Office websites listed above.Detail is Federal Register.


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