Ed-vise Episode 26

A sore shoulders GOOD MORNING!!! to you all! Yup, shoulders hurt this morning. Some tough jitsu on the shoulders as we work on breaking the frame while in Butterfly Guard. Kind of a sissy name but still, it fits!

Technically Talkin Tuesday Ed-vise today. Cause it’s TUESDAY…Technically.

Well, well, well!

You guys are probably familiar with the NFT craze? If not, it’s the topic in the crypto space that allows people to purchase works of art, songs, pictures, etc using crypto currency. Primarily the Etherum type currency. In a slang, nutshell it goes a bit like this: a lot of money being thrown around for what looks like low quality digital pictures of different creatures. Same creature, different hats, cigarettes, scarfs, sunglasses and what not. You can see them if you go to a website like opensea.io.

Well, some pretty big lawsuits are starting to surface against Opensea and against the various groups on Opensea.


Copyright infringement.

See, if you purchase an NFT, you do not get ownership of it. You get a license to use it. There is a difference.

A license just gives me the ability to use the item, so long as I stay within the terms of the agreement. Like when you put pictures in a powerpoint. If you did not take the picture, you have to get permission to use the picture. Furthermore, if you charge people for the powerpoint that has the picture, you could end up violating copyright. You basically are making a profit from the work of someone else (the photographer).

Apparently, someone bought a copy of an unpublished movie manuscript of Dune (kick ass movie, old and new). What they planned to do was take the manuscript and make a bunch of little animated shorts based on the manuscript. They would sell access to those shorts as NFTs. They would, most likely, MAKE BANK!

Oh! But WAIT! Here in Good Ol’ ‘MURICA and in many other countries around the world, we got this here thing called Copyright Law! That segment of law protects the work that creators make from being stolen or, as in this case, used for profit without the creators permission.

The timeline of the copyright exists until the creator dies PLUS 70 YEARS! Ya! That means if you want to take the copyright yourself, without paying the creator, you have to wait until they did AND another 70 YEARS!

The NFT players bought the manuscript at Christie’s Auction House. Started making the NFT shorts. Buuuuutttt… they didn’t employ the advise of a copyright attorney who would have told them they CANNOT start such production until many, MANY years from 2021. See, the original writer’s estate claim on copyright (Frank Herbert) runs out in 2056. Then, the creator of the movie script, Alejandro Jodorowsky, would need to die (he’s not dead yet) plus another 70 years.

So, the buyers are out about $3 million bones! Plus court fees. All for not paying a copyright attorney for their opinion. Gotta LOVE them Lawyer types!

I’m just saying

That’s it for today. Take care of yourselves. Check in on each other and remember when a math teacher goes on vacation…they go to TIMES SQUARE!!! BWAHAHAHAHAHHAHA


Published by edhlaw

Son, husband, father, uncle, nephew, cousin

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