The Intersection of Blockchain, NFTs and Intellectual Property Law
Public Key
The Future of Copyright
I think it must, on some practical level, which almost certainly doesn't intersect with the legal opinions on this one. It probably depends a lot if you view the AI as being a tool used by humans, like an augmentation or sentient or trending towards sentient. And so it will be interesting to see courts are already grappling with this and trying to figure out how to set up that issue for copyright law.
The Intersection of Blockchain, NFTs and Intellectual Property Law
“Code is Law” is one of the big myths when it comes to IP Law and blockchain. In this episode, host Ian Andrews talks to Moish Peltz (Partner, Co-Chair of Emerging Technologies & Blockchain Practice Group, FRB Law) to demystify this myth and explain how the courts will apply copyright and IP laws to emerging technology like blockchain, NFTs and AI generated content.
In the episode, Moish explains recent cases between luxury brands and NFT creators, and how those cases will impact the industry as regulatory, legal and tax requirements increasingly cause NFT marketplaces to phase out creator royalties.
Moish also touches on how the music industry still faces challenges that were first presented by file sharing sites like Napster, and highlights current and future legal cases that will shape the blockchain and NFT industry forever.
Minute-by-minute episode breakdown- (2:35) - Moish discusses his early Bored Ape Yacht Club NFT purchase and the IP capabilities the BAYC community
- (6:35) - The concept of "code is law" and its limitations
- (9:45) - Is serving court documents via airdrop legal and are legislators and the courts adapting to blockchain in the legal system
- (11::37) - Overview of the Hermes trademark infringement case and its IP implications for the broader NFT industry
- (21:12) - The legal challenges of AI-generated content and copyright ownership for content, music and Hollywood
- (31:02) - Challenges and unresolved issues in the NFT and Music industry
- (37:05) - Future legal cases to watch in the blockchain and NFT industry
Check out more resources provided by Chainalysis that perfectly complement this episode of the Public Key.
- Website: Falcon, Rappaport & Berkman LLP: Emerging Technologies & Blockchain Practice
- Blog: WAGMI! At Last, a Legal Victory for Cryptocurrency | Ripple vs. SEC
- Moish Twitter: Digital assets, web3 and IP law at @frblaw.. Collector of BAYC #8611
- Bloomberg Article: MetaBirkin NFT Artist Appeals After Hermès Trademark Case Loss
- Article: The Bored Ape Yacht Club partners with round21 to launch a digital + physical series
- Announcement: FRB Law Digital Asset Recovery And Enforcement Practice
- Blog: Bitfinex Hack Money Launderers Plead Guilty
- YouTube: Chainalysis YouTube page
- Twitter: Chainalysis Twitter: BuildCareers at Chainalysising trust in blockchain
- Tik Tok: Building trust in #blockchains among people, businesses, and governments.
- Telegram: Chainalysis on Telegram
- Ian Andrews * Host * (Chief Marketing Officer, Chainalysis)
- Moish Peltz (Partner, Co-Chair of Emerging Technologies & Blockchain Practice Group, FRB Law)
This website may contain links to third-party sites that are not under the control of Chainalysis, Inc. or its affiliates (collectively “Chainalysis”). Access to such information does not imply association with, endorsement of, approval of, or recommendation by Chainalysis of the site or its operators, and Chainalysis is not responsible for the products, services, or other content hosted therein.
Our podcasts are for informational purposes only, and are not intended to provide legal, tax, financial, or investment advice. Listeners should consult their own advisors before making these types of decisions. Chainalysis has no responsibility or liability for any decision made or any other acts or omissions in connection with your use of this material.
Chainalysis does not guarantee or warrant the accuracy, completeness, timeliness, suitability or validity of the information in any particular podcast and will not be responsible for any claim attributable to errors, omissions, or other inaccuracies of any part of such material.
Unless stated otherwise, reference to any specific product or entity does not constitute an endorsement or recommendation by Chainalysis. The views expressed by guests are their own and their appearance on the program does not imply an endorsement of them or any entity they represent. Views and opinions expressed by Chainalysis employees are those of the employees and do not necessarily reflect the views of the company.
The AI-powered Podcast Player
