The intersection of non-fungible tokens (NFTs) and copyright law has become a hotbed of legal activity as the popularity of NFTs continues to surge. With the rise of digital art and collectibles, several high-profile cases have emerged, setting precedents and shaping the legal landscape for NFTs. Here are some notable cases that highlight the complexities and challenges of copyright infringement in the realm of NFTs.
Roc-A-Fella Records Inc. v. Damon Dash
One of the earliest federal lawsuits involving NFTs was Roc-A-Fella Records Inc. v. Damon Dash. The case revolved around the copyright to Jay-Z’s debut album “Reasonable Doubt.” Damon Dash, a co-owner of Roc-A-Fella Records, announced plans to mint and sell an NFT of the album’s copyright without individual rights to do so. The lawsuit sought a judgment declaring Roc-A-Fella as the owner of all rights to “Reasonable Doubt,” including the copyright, and aimed to enjoin Dash from selling any interest in the album.
Miramax, LLC v. Quentin Tarantino
In another high-profile case, film studio Miramax sued director Quentin Tarantino over his plans to release NFTs based on “Pulp Fiction.” Miramax claimed that Tarantino’s actions constituted copyright infringement, trademark infringement, and breach of contract. The lawsuit sought to prevent the sale of the “Pulp Fiction” NFTs and highlighted the tension between traditional copyright holders and the new possibilities opened up by NFTs.
Hermès International v. Rothschild
The luxury fashion brand Hermès filed a lawsuit against Mason Rothschild, the creator of “MetaBirkins” NFTs, which depicted the iconic Birkin bags with fur. Hermès claimed that Rothschild’s NFT collection breached trademark law, and the case has become a significant point of discussion regarding the application of intellectual property laws to digital assets.
Hangzhou Internet Court Decision
In China, the Hangzhou Internet Court made a decision involving joint and several liability of an NFT trading platform for copyright infringement committed through the sale of an NFT by an unauthorized user. This case demonstrates China’s readiness to address new legal issues arising from the burgeoning NFT market and may influence the development of the Chinese market in this field.
Yuga Labs, Inc. v. Ryder Ripps, et al.
Yuga Labs, the company behind the popular Bored Ape Yacht Club NFT collection, filed a lawsuit against Ryder Ripps and others for creating and selling NFTs that allegedly infringed upon Yuga Labs’ copyrights. The case underscores the ongoing battle over the rights to digital images and the use of trademarks in the NFT space.
Conclusion
These cases represent just a glimpse into the future legal battles involving NFTs. As creators, collectors, and investors navigate this new frontier, the outcomes of these lawsuits will likely have far-reaching implications for the NFT market. They underscore the importance of understanding copyright law in the context of digital assets and the need for clear legal guidelines as the NFT ecosystem continues to evolve.