Asked in Copyright, Collections and Trademark

Q: How can I protect my NFT Project Artwork and Name?

1 Lawyer Answer
John Martin Hilla
John Martin Hilla
  • Trademarks Lawyer
  • Livonia, MI

A: You would protect your artwork with a US Copyright registration. Your work is copyrighted "automatically" the moment your artwork is affixed in "tangible" form. A copyright registration records your ownership and gives you the right to sue for copyright infringement and to make a public record of your copyright ownership.

Your name can be protected with a US trademark registration. Trademark registration is available to individuals or enterprises using a name in US commerce (across state lines: the internet counts!) in relation to the marketing of a product or service.

Unlike copyright or even patent registration, your trademark registration will never lapse or enter the public domain unless you cease to use it in commerce.

NFTs are properly the subject of both areas of intellectual property protection.

To discuss either or both option, contact an intellectual property attorney to schedule a private consultation to discuss your specific matter.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.