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ARTICLE · 21 FEBRUARY 2023

The Difficulties Of Exploiting IP Through Royalty-based NFTs

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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In addition to such potential difficulties in secondary sales of royalty-based NFTs via the most popular NFT marketplaces, other intellectual property issues arise with this model.

United KingdomIntellectual Property

As expected, Rihanna's performance at the 2023 Super Bowl generated considerable press coverage, including publicity centred around the release of an NFT collection that grants holders of each NFT a percentage of future streaming royalties from the original recording of "Bitch Better Have My Money", the song with which Rihanna opened her halftime show.

The NFT collection comprises a percentage of the rights in the original recording of the song owned by one of the producers of that recording, Jamil "Deputy" Pierre - in short, owners of the NFTs receive royalties that would otherwise have been paid to Deputy as producer. The NFT collection sold out in minutes, with the first royalty payments having been scheduled to be paid to the NFT holders on 16 February.

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