Hi Cat,
I have been doing a substantial amount of work on NFTs and the arts for the last several years and I’m so glad you are paying attention to this in your contracts! This is generally part of the bundle of copyright interests that would indeed
be retained by the artist, but given the relationship of the potential NFT project with your project, it is important that those efforts be collaborative and well-considered. Using NFTs as a way to promote the project could be extremely effective, but you
also want to be wary of potential downsides before the artist rushes off with this plan. As with any other venture, it is crucial to consider audience and the potential for success as opposed to having a half-baked plan based on FOMO (not saying that’s the
case here, but certainly with a lot of these NFT projects) that could undermine the legitimacy of the larger project.
While most form language is going to be with regard to artist’s retention of IP rights including those to create and use content for NFTs, it is important to recognize that NFTs are really just agnostic packaging for derivative uses of
the underlying work. NFTs are not magical and NFT projects tend to be a much heavier lift than many people imagine they will be.
This is a really important area to be thinking about whether it is NFTs or derivative uses in other digital media contexts. Happy to be a resource if you want to discuss further.
Best,
Sarah
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Partner, Co-Chair Art Law Practice Group
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From:
Peña, Cat (via public_art_network list) <public_art_network@americansforthearts.simplelists.com>
Date: Wednesday, November 29, 2023 at 9:31 AM
To: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com>
Subject: Public Art Contract that address NFT's ?????
Hello Public Art Hive!
Does anyone have any experience with public art contracts that include language allowing or setting limits on the artist's ability to sell NFT's from the commissioned work?
I am working on a project in which a piece of kinetic artwork is being redone to address long term maintenance issues and will be adding LED lights that can be programmable and can visually change the appearance/experience of the artwork
at night.
The artist would like the option of selling a series of NFT lighting sequences in which they would retain the profits of these sales. Alternatively, the artist is willing to allow the commissioning organization to program the lighting for
special events including national holidays.
I know NFT's in the public art world are new things and I am looking for a little advice and/or contract samples I can review.
Thanks so much,
Cat Peña
Public Art & Design Manager
T: 901-751-7664
City of Germantown - Excellence. Every day.
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