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Florida Intellectual Property Lawyer

Have Questions About NFTs and Intellectual Property Law? We Can Help.

Non-fungible tokens (NFTs) have gained a lot of attention in recent years, particularly in the art world, where they have been used to sell digital art and other collectibles. An NFT is a cryptographic asset on a blockchain. Due to their unique nature, NFTs raise some interesting and novel questions about intellectual property (IP) law.

At Perkins Law, our Florida intellectual property lawyer for NFTs is a skilled, experienced, and solutions-driven advocate for clients. We provide a wide range of IP law services, including copyrights, trademarks, and patents. If you have any questions about NFTs and IP law, we are here to help. Contact us today for a fully confidential initial consultation.

What to Know About NFTs and IP Law Rights

One of the key features of NFTs is that they are unique and cannot be replicated. The unique nature of NFTs means that they can be used to represent ownership of a unique digital asset, such as a digital artwork. This raises an important question: Who owns the intellectual property (IP) for an NFT? Is it the same person/entity who owns the NFT itself? Is it the original artist? The somewhat unsatisfying answer is that “it depends.”

For the most part, NFTs—and the artwork/images associated with them—fall under copyright law. Does a party who purchases an NFT automatically get the corresponding copyright for the image? The short answer is “no”—the copyright holder for the image, which is usually but not always the artist, generally needs to take clear, affirmative steps to ensure that the copyright is also transferred. In too many cases, this does not occur, leading to confusion over the IP rights for an NFT

Understanding Trademark Law and NFTs

While NFT and IP rights are primarily copyright issues, there are situations in which an NFT could be a trademark issue as well. If an NFT is used in a commercial manner as part of a brand signifier, a trademark could be registered. Trademark registration provides important IP law benefits.

How Our Intellectual Property Law Attorney Can Help

Intellectual property law is complicated—especially so when it comes to technologically novel issues, such as non-fungible tokens (NFTs). Our founder L.A. Perkins is committed to providing personalized IP law services to individuals, entrepreneurs, businesses, and organizations. We are proactive. Among other things, our Florida intellectual property law attorney is prepared to:

  • Conduct a comprehensive, confidential review of your NFT case;
  • Answer your questions and advise you on your rights and options;
  • Investigate the matter, gathering relevant documents, records, and information; and
  • Take all necessary steps to effectively establish and protect your IP rights.

Contact Our Florida IP Law Attorney for Help With NFTs

At Perkins Law, our Florida intellectual property lawyer is an experienced advocate for clients. We understand the unique challenges that come with NFTs. If you have any specific questions or concerns about NFTs and IP law, please do not hesitate to contact us today. From our Boca Raton law office, we provide IP law services throughout Southeastern Florida.

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