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AI music sending traditional industry into ‘panic’, says new AI music platform CEO

Can Ansay the founder of AI streaming and marketplace platform Musixy.ai, says AI-generated music is revolutionary and brings efficiency and lowers costs to productions.

Artificial intelligence (AI) has been making waves in various industries across the globe. However, the conflict between its usefulness and its ability to infringe on intellectual property (IP) has seen a particular struggle in the creative industries. 

Major players in the music industry from artists and record labels to institutions like the Grammys and YouTube have all had to factor in AI in some form.

In the midst of traditional spaces in the music industry dealing with technology, new platforms are popping up that are embracing the technology from the start. Musixy.ai launched on Sept. 14 to serve as a streaming platform, label and marketplace for music exclusively generated by AI.

Cointelegraph spoke with Can Ansay, the CEO and founder of Musixy.ai, to better understand how giving AI-generated music its own space could shape the future music industry.

Musixy.ai said that it aims to become the “Spotify for AI hit songs,” particularly those that have been banned from other platforms. Over the last year, Spotify and other major streaming platforms have become more vigilant after Universal Music Group sent out an email asking them to step up their policing of copyrighted AI tracks.

Ansay said “the establishment” or major labels are in panic mode again, “as it was back then with Napster, because they fear revenue losses due to a new disruptive technology.”

“Unlike back then, the AI revolution is not only perfectly legal, but even threatens the existence of record companies; music is not only produced much more efficiently but also cheaper.”

He said AI presents “talented producers” with the ability to produce and monetize a hit song with any famous voice in any language. Musixy.ai particularly emphasizes the creation of new and covered hit songs with AI-generated vocals of well-known artists.

Related: AI-generated music challenges “efficiency” and “cost” of traditional labels, music exec.

Musixy.ai also works with Ghostwriter, who produced a viral song with AI-generated vocal tracks of artists Drake and the Weeknd called “Heart on My Sleeves." 

The song initially was said to be eligible for a Grammy, though the sentiment was later clarified by the Grammy CEO highlighting that it was taken down from commercial streaming platforms and didn’t receive permission from the artist or label to use the vocal likeness and therefore doesn’t qualify for nomination

Ansay said if Musixy.ai is recognized as a streaming platform by the Recording Academy:

“For the first time these amazing AI-assisted songs could rightfully win the Grammy recognition they deserve, produced with the help of AI.”

“This is especially true for those songs that unofficially use the vocals of famous singers with the help of AI that were arbitrarily banned from all other recognized streaming platforms,” he continued.

Ansay argues that from a legal perspective, vocal likeness is not “protectable,” as it would violate professional ethics and make it difficult for singers to work having a voice similar to another more famous voice. 

Instead he suggests that AI vocal tracks should be marked as  "unofficial" to avoid confusion.

Recently Google and Universal Music Group were reportedly in negotiations over a tool that would allow for AI tracks to be created using artists’ likenesses in a legal way.

When asked if AI-generated music be "competing" on the same level as non-AI-generated music in terms of awards and recognition or have its own playing field - he said both directions could be viable.

“For that to happen, one must legitimately, legally, and arguably under the rules of the Grammys, distinguish what tasks AI is used for in music production and to what degree.”

Otherwise, he believes a new category should be created such as  "AI Song of the Year" or something similar. "Because according to the Grammys' mission statement on their website," he argued, "they also want to recognize excellence in 'science.'"

Magazine: Tokenizing music royalties as NFTs could help the next Taylor Swift

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Grammy CEO clarifies AI Drake song ineligible for award over copyright issues

The Record Academy executive clearly stated that the track is “not eligible” and cited that the vocals were not legally obtained nor were they cleared by the label or artist.

The CEO of the Recording Academy, which hosts the yearly Grammy Music Awards, has cleared up misconceptions regarding the eligibility of an artificial intelligence (AI)-generated Drake song for an award nomination.

On Sept. 8, Harvey Mason Jr. took to Instagram and released a video clearly stating that the track is “not eligible for Grammy consideration” and wanted to be extra clear that:

“Even though it was written by a human creator, the vocals were not legally obtained, the vocals were not cleared by the label or the artist, and the song is not commercially available — because of that, it’s not eligible.”

He said the topic of AI is both “complicated” and “moving really quickly” while also commenting that he takes it “very seriously” and anticipates more evolution and changes in the industry.

While music with AI components can be eligible for Grammy nominations, the track must meet specific requirements, most importantly that the part up for nomination was created by a human. For example, for a track to win an award for vocal performance, it must have been performed by a human.

Mason Jr. reiterated this element in his most recent statement by saying:

“Please, do not be confused: the Academy is here to support and advocate and protect and represent human artists and human creators period.”

In a previous interview with Cointelegraph, he also stressed this aspect, saying “The role of the Academy is always to protect the creative and music communities.”

Related: Justin Bieber hit track becomes NFT for royalty sharing

In addition to the human element, the other aspect stressed by Mason Jr. is that in order to be eligible for an award, the track must be commercially available. This includes availability on major streaming platforms, such as Spotify and Apple Music. 

However, the track in question was removed from platforms due to its copyright violations and lack of approval from the artist and label.

Labels have been advocating for platforms to be vigilant in removing content that infringes on the intellectual property of artists. Back in April, Universal Music Group (UMG) asked streaming services, including Spotify, to remove AI-generated content.

Most recently, UMG and Google announced a collaboration to combat AI deep fakes. The two are in negotiations for licensing melodies and vocal tracks for use in AI-generated music.

Magazine: BitCulture: Fine art on Solana, AI music, podcast + book reviews

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7 blockchain-based platforms for content creators

From Steemit and LBRY to Ujo Music and SuperRare, discover how blockchain technology empowers content creators in the digital age.

Blockchain technology has recently penetrated a number of sectors, altering the way we do business, store data and interact with digital assets. The decentralized and transparent nature of blockchain also benefits content creators, including authors, musicians, artists and photographers.

Blockchain-based platforms offer unique opportunities for content creators to protect their intellectual property, receive fair compensation, and engage with a global audience. This article will explore seven blockchain-based platforms that enable content producers to earn money from their work while retaining creative control.

Steemit

A blockchain-based social media site called Steemit pays content producers in cryptocurrency. By publishing creative material, supporting worthy content and engaging with the platform’s community, users can earn “Steem” tokens.

The decentralized nature of the network ensures that content producers retain ownership and control over their creations. As a blogging platform, Steemit has grown in popularity, drawing content producers from a variety of industries.

LBRY

LBRY is a decentralized platform for publishing and sharing information that makes use of blockchain technology. By eliminating intermediaries, it enables content producers to publish their work directly on the platform.

Thanks to LBRY’s blockchain-based system, creators have complete ownership over their creations and receive fair compensation for their contributions. Additionally, users can find and access a variety of information thanks to LBRY’s distinctive architecture because no centralized authority controls what is made available.

Related: What’s next for NFTs and Web3 in the age of the creator economy?

Ujo Music

Ujo Music is a blockchain-based platform specifically designed for musicians and other music industry professionals. It provides an environment where musicians can publish their work, own their rights and receive payment from customers directly.

To make sure that artists are appropriately compensated for their work and have more control over licensing and royalties, Ujo Music makes use of the transparency and smart contracts offered by blockchain technology.

Po.et

Po.et is a blockchain platform that seeks to establish a decentralized, unchangeable database for artistic productions. It enables content producers to timestamp all of their digital assets on the blockchain, such as texts, photos, videos and more.

Creators can demonstrate ownership and a record of the existence of their work by doing this, which can be extremely helpful in situations involving copyright infringement. Po.et gives content producers the ability to enforce their intellectual property rights and offers a market for licensing and remuneration for their productions.

SuperRare

Digital art can be purchased on SuperRare, a blockchain-based marketplace. It enables artists to produce and market original digital works of art in the form of nonfungible tokens (NFTs).

Thanks to blockchain technology, each NFT represents a one-of-a-kind work of art and is indubitably rare. SuperRare gives creators a platform to share and make money from their digital works, and collectors may buy and possess unique digital artworks.

Related: The NFT marketplace: How to buy and sell nonfungible tokens

Audius

A decentralized music streaming service called Audius seeks to upend the established music business. It allows musicians to share and profit from their work without using intermediaries. Audius uses blockchain technology to make sure that creators are in charge of their content and are fairly compensated for their efforts.

The platform’s decentralized structure makes it possible for a more inclusive and diverse music ecosystem, which also aids up-and-coming musicians in gaining visibility and forging connections with their audience.

BitClout

Content producers can monetize their social media presence with BitClout, a blockchain-based social media platform. It uses a novel business model where users can purchase and exchange “creator coins” that represent significant figures on the platform.

Fans can support the development of their favorite creators by purchasing creator coins. BitClout gives content producers a fresh method to interact with their audience and open up revenue streams.

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Web3 community-building meets music technology at Wavelengths Summit 2023

Crypto natives and newbies alike came together to build community and share alpha on the latest in music technology and decentralization.

Web3 has become one of the hottest buzzwords in the music industry, with everyone from independent musicians to major label artists dropping nonfungible token (NFT) collections and throwing concerts in the metaverse. But for many, the actual use cases and potential of these technologies remain shrouded in mystery and confusion.

On May 6, Water & Music held its inaugural Wavelengths Summit, a one-day event bringing together musicians, industry executives, artist managers, researchers and technologists to explore the bleeding edge of music technology and democratize access to information. On the agenda were talks about blockchain-based communities, the growing influence of artificial intelligence on the music industry and the future of artist revenue streams.

Water & Music is a collaborative music technology research network founded in 2016 by writer Cherie Hu as a free newsletter. It has since evolved to encompass a paid membership structure, an extensive online collaboration network and in-person events. Its research often touches upon Web3 and how blockchain impacts the music industry.

“I think the music industry, in particular, has suffered from information silos,” Hu told Cointelegraph. “If you’re trying to figure out how fans interact with your music in a holistic way, it’s actually a huge challenge.” Enter Water & Music, which seeks to empower its community with the knowledge needed to thrive in the digital era.

Community

A central focus of both Water & Music as an organization and its Wavelengths Summit was building a sense of community. The event’s emphasis on the importance of community-building in music and Web3 was ever-present, from the topics chosen for discussion — including sessions titled “Music Community Building and Decentralization: Lessons from History” and “URL to IRL: Uniting Music Communities Online and Offline” — to the way the event itself was hosted and organized.

For instance, Hu opened the summit by laying out four ground rules for positive community-building: “Be kind and respectful,” “Stay critical, “No shilling,” and “Have fun!” She also announced that there would be no panels; instead, experts would facilitate conversations, with audience members encouraged to jump in at any point. Talks on the main stage were accompanied by a large screen displaying live comments and questions from audience members via an app called Slido.

“I think what we were really aiming for is recreating the magic of our Water & Music Discord,” Diana Gremore, Water & Music’s events director, told Cointelegraph. “We have such a thoughtful, articulate, critical, passionate, curious community, so we wanted to do our best to facilitate how that URL community translates into an IRL experience.”

Web3 community building for musicians

Throughout the day, many of the conversations touched on how Web3 and blockchain technologies are being explored in the world of music. During the “Music Community Building and Decentralization” session, participants discussed how online communities such as decentralized autonomous organizations (DAOs) are the next step in a long history of decentralization.

As pointed out by Austin Robey, co-founder of Metalabel — which is building a blockchain-based platform for collaborative artist releases — on-chain voting and governance are digital versions of what real-world communities have always done. Social spaces are always governed, and communities are always decision-making. And while DAOs may be subject to “code,” real-world communities have always been subject to social “codes.”

The discussion was moderated by Kaitlyn Davies, membership lead at Friends With Benefits — a social DAO for creatives — and head of curatorial partnerships at Refraction — a DAO for artists and creators with a particular focus on live music events. Davies told Cointelegraph that the preexisting decentralization in music communities helps explain why so many in the music world gravitate toward Web3.

“You see a lot of people who have always been interested in decentralized ways of organizing or sort of left-of-center means of organizing look to this technology to keep doing their work — not even to get bigger or to cast a further net but just to enable what they were already doing,” she said, adding:

“Cultivating a scene or a community, that’s really important, and that’s what drives culture. [...] My hope still is that decentralized tech helps us do that better and helps us do that in more equitable ways.”

During the “Web3: Balancing Niche and Mainstream on the Road to Adoption” session, participants discussed the importance of first understanding one’s community before launching crypto music projects. Melanie McClain, a Web3 consultant and founder of Blurred Lines — a community of Web3 tastemakers supporting left-of-center Black music — said that if fans want free shows, artists can experiment with NFTs that give collectors free access to concerts. And if the artist blows up, that free-performance NFT will suddenly become much more valuable.

Related: Music NFTs are helping independent creators monetize and build a fanbase

Speaking to Cointelegraph, McClain said that crypto-native and crypto-newbie artists alike could use blockchain tech to build stronger communities, but each approach must be tailored. “They have to be self-aware,” she said. If a musician’s community is not native to Web3, “they might not say words like NFTs or social tokens. They can lead the conversation in other ways while still using the tools in the back end.”

Many facilitators and other attendees expressed that Web3 solutions offer particularly unique advantages for musicians, with Gremore telling Cointelegraph that “one of the biggest strengths of [Web3] is the ability to build community and sustain community.”

Perhaps part of the reason for this is that blockchains are generally designed for efficiency. According to Hu, this allows artists and their teams to better utilize “smart money” — when a musician doesn’t have much money to spend and therefore must use their funds as efficiently as possible.

“In music and Web3, I’m noticing instead of just random artists dropping NFT projects that happen to gain a lot of money, there’s more focus on ‘what’s the actual use case?’” Hu told Cointelegraph. “What is blockchain actually adding to music in a way that makes things easier and not harder from a technical standpoint?”

URL meets IRL

One thing that stood out at the Wavelengths Summit was how many online friends were meeting IRL — in real life — for the first time. Having many internet friends is not unique to crypto, but it is particularly pronounced in the space, given its inherently decentralized nature. For most people, meeting an online friend in person is special, and the summit was designed to facilitate those connections.

The internet allows for a level of community building previously impossible, especially between musicians and their fans. But as Gremore told Cointelegraph, “There’s a magic in IRL that just can’t be replaced.” She added, “URL is where so many of the conversations start happening, and then IRL — it’s a chance to deepen those bonds.”

Summit attendees connect and network during the “Web3 Happy Hour.” Source: Jonathan DeYoung

For Hu, building in-person relationships is critical for the long-term success of Web3 communities. “IRL events make or break trust in a community,” she said. When internet-based communities meet in person, that community’s carefully curated online image disappears, and people see it for what it really is — whether good or bad.

“Events are so important for online communities because if the name of the game is long-term sustainability, that will make or break trust. If it succeeds, it could be a huge kickstarter to a whole new stage or a whole new level for the community or for the brand. But I’ve definitely seen it go the other way around also.”

For those unable to participate in IRL experiences, online ones still offer opportunities, such as allowing fans to connect virtually with their favorite music artists. “I think using virtual things, not necessarily the metaverse but using live-streaming platforms, things like that — I think you can simulate the same thing,” McClain said. “Everybody can participate no matter where they are.”

“I think online spaces are safe havens for a lot of people, and I think that that should never be discounted,” believes Davies. “But I think the power of meeting somebody in person and being like, oh, you’re like a real human being, and we have similar thoughts about this, and maybe a block on a chain helped us find each other — but really what it’s about is us hanging out in person.”

Magazine: AI Eye: ‘Biggest ever’ leap in AI, cool new tools, AIs are the real DAOs

Ultimately, the main takeaway of the Wavelengths Summit was that community-building is a critical component for success in both music and Web3, and Water & Music intentionally designed its inaugural summit to set an example of how it believes community-building should look.

To close out the day, Gremore shared with the audience that Water & Music wanted attendees to leave empowered — that even though it may seem like the music industry is broken, there is still light at the end of the tunnel. And as the summit revealed, some of that hope may come in the form of DAOs, NFTs or other blockchain-based tools that help artists build community directly with their fans. Or, as Gremore told the audience:

“We’re fucked — but maybe we can do something about it.”

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Building communities and ensuring NFT success: Insights for artists

Building communities has become more crucial than ever in today’s rapidly changing art space, especially with the rise of NFTs.

The importance of building communities cannot be underestimated in the rapidly changing art world, driven by technology and the explosion of nonfungible tokens (NFTs) in the last two years. An audience is a social media following, but a community is a group of people working toward a common goal.

Art market economist and academic Magnus Resch has extensively researched the importance of communities and networks for artists.

Resch holds a Ph.D. in economics and has studied at the University of St. Gallen, the London School of Economics and Harvard. In addition to lecturing at Yale, he has produced several publications about the economics of the art world. He has appeared in academic journals and major publications like The Wall Street Journal, The New York Times and Vanity Fair.

Resch recently spoke to Cointelegraph about his latest book, How to Create and Sell NFTs — A Guide for All Artists, which explores the importance of building meaningful communities for artists, and how to create and sell NFTs compatible with their artwork.

Cointelegraph: Dr. Resch, how important is community building for artists in today’s rapidly changing art world?

Magnus Resch: Community in the art world matters for the success of any artist, but being in the right one is even more important. In one of my most recent studies, I looked at thousands of communities in the art world to evaluate their impact on the success of any artist. The results were surprising: 99.9% of artists’ communities don’t have any positive effect on the career of an artist.

These communities — I call them “island networks” — consist of museums, galleries, fellow artists of the same level and fans or supporters. These groups mean well but will never make a real impact at the higher end of the market. Instead, there is only one network that leads to success. For an artist who strives to be successful, the goal must be to become part of it. I call it the “holy land.”

CT: Can you share some key strategies for artists to successfully tap into this one community you call the “Holy Land?”

MR: My study shows the art world is a people business. Who you know matters more than what you make. In the absence of objective criteria that define what “good art” is, the network steps in to decide what good art is and what is not. That is why networking is so vital.

For artists, this means don’t spend all your time in the studio. Go out and meet the right people, at best, those that are part of the holy land. Or put bluntly, artists are on their own and need to accept that they are entrepreneurs running a business. Branding, marketing and self-promotion are essential to their success and are more important than their art. Artists who are waiting to be discovered will fail.

CT: What role do social media and digital platforms play in helping artists connect with their audience and foster a sense of community?

MR: Social media is the most relevant marketing tool for artists. They cannot rely on galleries to do the job, as most galleries are part of island networks and close down after a few years. In fact, one-third of all galleries never make any profit.

Getting into the holy land is hard, as only a few spots per year are available. That’s why building a brand is so important for artists. The easiest way to do this is via social media: 45% of art buyers regard social media as the most important channel to discover and find artists. Visits to offline galleries only follow in second place. I argue any artist serious about making it in the art world needs Instagram.

CT: Has this changed with the rise of NFTs?

MR: Not at all. NFT projects have allowed artists to learn what is required to make it without the gallery support. We have seen that the most important pillar in any NFT project is the community. Failed projects have misinterpreted the community as an “audience.”

An audience is the following on social media. A community is a close circle, a tight-knit and active group of people working toward the same goal. They can assemble on social media, but it goes beyond that. Building a community is about building loyal members who are supportive of an artist’s idea. I believe in the future where artists will give their community voting rights, allow them to participate in projects, and exchange ideas and assets. This is considerably different from today’s audience that just “likes” and follows but doesn’t participate.

CT: Can you share some successful examples of traditional art institutions and galleries that have embraced NFTs and the impact it has had on their businesses?

MR: The biggest winner of the NFT hype were digital artists such as Beeple, Justin Aversano, and Jen Stark. Digital art never played a major role in the art market, being the least popular medium after paintings, sculptures and photography. And then suddenly, some of these digital artists neglected by the market made significant money and sold for record prices. The real impact of NFTs, however, is yet to come. NFTs will be the underlying technology to authenticate every artwork — and not just digital art. This will change how art is traded fundamentally. Without an NFT to prove that the work is real, nobody will buy the painting.

CT: What are the main implications of NFTs on the art market?

MR: So far, there have been none. We are only at the beginning of what’s coming. I predict that NFTs will have a lasting impact, which is fourfold: Artists will exert more control over their work and earn royalties from resales; more collectors will populate the market as it has become more transparent; institutions will find it easier to engage their communities, and give them ownership through participation and involvement in governance. And finally, the art market will become more regulated for the better and thereby increase in value. Clearly, this won’t happen overnight, as changes in the art world take time. We are looking at 5–10 years’ until NFTs become the standard of how artworks are transacted and authenticated.

CT: Can you discuss any common mistakes artists should avoid when entering the NFT space and how they can set themselves up for long-term success?

MR: Most artists will never enter the NFT space as NFTs are not art. And those overpriced, celebrity-endorsed JPEGs that often are associated with NFTs will go away. I don’t even think we will talk about the term “NFTs” five years from now, similarly as we don’t talk about mp3 anymore.

NFTs are the underlying technology that will be used whenever artworks are transacted. In the future, it is not unlikely that the artist will register every painting that leaves a studio on the blockchain. So when it’s traded, the artist not only gets royalties but also knows who the new owner is. This allows them to work more independently and not rely on galleries entirely to promote or authenticate their works. As a consequence, artists will earn more on every piece they sell.

CT: How can collectors effectively determine the value of artwork in today’s dynamic market, particularly with the emergence of NFTs?

MR: Most art is not a good investment. Almost all artists are stuck in island networks and will not see an increase in value. For collectors who are purely interested in making money, they should focus exclusively on artists and galleries who form the population of the holy land. However, if they are interested in collecting art for any other motive (and consider it a cherry on top if the artist increases in value), the whole art market can be their hunting ground.

CT: Has the price transparency and liquidity that NFTs facilitated changed this?

MR: Many of those who bought NFTs as an investment were not able to make a profit with them. They have moved on to other investments. And as the hype faded, the true winners were those who bought works that they liked and wanted to live with. Another phenomenon is visible, too; we are currently seeing the merger of the traditional art market and a few digital artists who had success during the NFT hype. Beeple, Dmitri Cherniak, Tyler Hobbs, Casey Reas, and Artblocks, who exclusively sold on digital platforms like OpenSea and catered to a crypto-native audience, have now started showing their works with established traditional players in the art market, such as Pace Gallery. A representation by Pace Gallery, which is part of the holy land, will help them to manifest their value, even after the hype and their crypto buyers are gone.

CT: If art is not a good investment, why should we buy it?

MR: After having done much data analysis on the art market, one strategy for collecting proven to be the most effective is to buy what you like, as most likely, you will never make any money with the art you buy. I call it “responsible buying” — the notion that buying art is not just an exchange of monetary value but also a philanthropic act. Rather than putting money into an asset, I donate it, knowing that, in all likelihood, I won’t be able to resell the piece. But, by buying it, I am supporting the artist so that she can continue creating art, which inspires her community to continue with this essential form of human creativity. To me, it is a way of doing good, and it comes with an object that I love and a story to tell.

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Yuga Labs accused of IP theft for trademarking BAYC wolf skull logo

NFTs were introduced to the world to help solve the illegal use of intellectual properties and protect artists — the very problem Yuga Labs has been accused of doing.

The iconic wolf skull logo of Bored Ape Yacht Club (BAYC), Yuga Labs’ premier nonfungible tokens (NFTs) collections, was allegedly illegally trademarked without proper licenses. The image was originally released by a company specializing in drawing tutorials for children and beginners.

NFTs were introduced to the world to help solve the illegal use of intellectual properties and protect artists — the very problem Yuga Labs has been accused of doing. Crypto Twitter member and NFT artist @Jdotcolombo came across a post from April 5, 2021, in which Easy Drawing Guides advertised “an easy step-by-step drawing tutorial” for a wolf skull.

Website showing time stamp of the art's release. Source: EasyDrawingGuides.com

The art displayed by the company closely resembled BAYC’s official logo, which initially raised suspicion of wrongdoing — considering that BAYC’s Kennel Club collectibles launched on June 17, 2021.

Easy Drawing Guides responded to the commotion to confirm that Yuga Labs did not own a license to use the wolf skull drawing. Taking things one step further, Yuga Labs trademarked the unlicensed logo as its own. In retaliation, Easy Drawing Guides stated:

“The intellectual property rights for the drawing belong to Easy Drawing Guides as it's our original drawing and protected by our Terms and Conditions.”

Cointelegraph confirmed that the terms and conditions of Easy Drawing Guides grant a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for personal, non-commercial use.

On the one hand, BAYC supporters believe that no intellectual property was breached in using the logo, however, most agree that Easy Drawing Guides is entitled to some serious compensation.

Yuga Labs has not yet responded to Cointelegraph’s request for comment.

Related: Yuga Labs settles lawsuit with developer involved in copycat BAYCs

The intellectual property dilemma is not new for Yuga Labs. One of the founders of the BAYC copycat NFT collection RR/BAYC filed an opposition notice against 10 trademark applications from Yuga Labs.

Opposition example. Source: USPTO

In the notice, RR/BAYC co-founder Jeremy Cahen highlighted a list of “grounds for opposition” against Yuga Labs’ filings — claiming that the company “abandoned any rights” to certain logo and artwork designs due to BAYC NFT sales granting “all rights” of the digital images to the owners.

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Hermès wins case against Mason Rothschild’s Metabirkins

A nine-member jury found Rothschild liable for trademark infringement, trademark dilution, and "cybersquatting," awarding Hermès $133,000 in damages.

On Feb 8, a jury trial in the Southern District of New York reached a verdict in Hermès' lawsuit against MetaBirkins. The court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild's 100 "Metabirkins" NFTs were found to not be artistic commentary and therefore not protected by the First Amendment of the US Constitution.

According to a report by Vogue Business, a nine-member jury found Rothschild liable for trademark infringement, trademark dilution, and "cybersquatting," awarding Hermès $133,000 in damages. Notably, the decision marks the first time the relationship between digital art, NFTs, and physical fashion has been addressed in court. Hermès argued that NFTs represent a new product category, while Rothschild argued that there is no such thing as a digital twin. Rothschild said he plans to appeal the verdict. 

In response to the court’s decision, the artist took to his Twitter account to express his disappointment. He shared: 

“A broken justice system that doesn’t allow an art expert to speak on art but allows economists to speak on it. That’s what happened today. What happened today was wrong. What happened today will continue to happen if we don’t continue to fight. This is far from over.”

This case is expected to have far-reaching implications for the use of NFTs by artists and for the protection of intellectual property in the metaverse. Blockchain and tech lawyer Michael Kasdan who has been following the case for a while now shared his thoughts on the ruling on Twitter. According to him, “It would have been more surprising and a 'bigger deal' in terms of changing the status quo if Rothschild had won.”

Related: Intellectual property has an awkward fit in Web3 decentralization — Lawyers

As previously reported by Cointelegraph, court documents filed on Jan. 23 revealed that Hermès believed that the collection improperly used the Birkin trademark and potentially confused customers into believing the luxury brand was in support of the project.

In September 2022, Cointelegraph spoke to David Kappos, a partner at Cravath, Swaine & Moore LLP, who noted that the tension between Intellectual Property (IP) and decentralization does not have a clear solution. When asked about third parties creating digital artworks or wearables of branded products, Kappos advised that “an unlicensed implementer in a Web3 environment should refrain from creating a wearable that is confusingly similar to a brand owned by a third party — the same as in the real world.”

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DeGods and Y00ts NFTs are bridging off Solana. Here’s why

The migration of Solana's top two NFT projects to Polygon and Ethereum is set for the first quarter of 2023 on an opt-in basis.

Nonfungible token (NFT) firm Dust Labs is migrating its two top-performing Solana NFT projects — DeGods and y00ts — onto Ethereum and Polygon in a bid to expand their adoption. 

The news was announced on DeGods and y00ts Twitter page on Dec. 25, with both NFT projects expected to be officially bridged onto Ethereum and Polygon respectively in the first quarter of 2023.

Rohun Vora — the creator of DeGods and y00ts who is known by the alias Frank III — said the decision was made to “explore new opportunities” and to allow for the continued growth of the collection. The move will also see the DUST token — used to buy, sell and mint NFTs on the DeGods ecosystem — also be bridged onto Ethereum and Polygon.

Vora confirmed that two NFT projects will still remain on Solana for the time being, and in a separate post responding to a Twitter user, confirmed that the bridge/migration will be owner "opt-in."

During a Dec. 26 Twitter spaces, Vora explained to 66,000 listeners that it was simply a matter of getting the NFT projects on the platforms that he sees will drive the next wave of NFT adoption.

In his reasoning, he made parallels to the intense battle for intellectual property (IP) between streaming services such as Netflix, Disney Plus and HBO Max — suggesting that the streaming service that secures the best IP will ultimately win the lion’s share of viewers, which then attracts better projects.

“They’re trying to get the best IP on their streaming services because that IP is ultimately going to drive the growth on that platform.”

“Once you get enough IP on the platform it becomes a virtuous cycle, people want to be on Netflix because that’s just the brand and the place to be,” he added.

He said a similar battle is playing out between different blockchains that are trying to build the best NFT platforms, noting that as NFTs are driven by attention, there is an opportunity for “virtuous cycles” that would create a network effect for NFT projects.

From there, “the metrics, the volume and the liquidity will follow that,” he added.

Vora said his bullish view on Polygon for NFTs was influenced by the fact that Disney, Adidas, Nike and Reddit chose Polygon as their NFT platform of choice.

Vora also said that he had received grant offers from many other platforms, most of which were much larger than what was offered by Polygon, but Polygon provided y00ts with the best opportunities moving forward.

“Polygon by far was one of the lowest, if not the lowest in terms of dollar value, but we went with Polygon because we see a lot of opportunity on a strategic level and that’s what excites me and should excite you holders more than anything.”

Related: Solana TVL drops by almost one-third as FTX turmoil rocks ecosystem: Finance Redefined

The news has only added to the growing list of concerns for Solana, which has seen the total value locked (TVL) on the ecosystem fall 97.88% from a peak of $10.17 billion to $215M at the time of writing, according to decentralized finance data aggregator DefiLlama.

Solana co-founder Anatoly Yakovenko shared his “bittersweet” feeling on the news that the NFT projects would no longer “100% focus on Solana” to his 223,600 Twitter followers on Dec. 26, but accepted the “reality” that these projects want to expand their reach.

But controversial figure Ben “Bitboy” Armstrong and a fair share of his 1 million Twitter followers weren’t so optimistic on Solana’s future, with 70% of 11,881 voters in a poll voting “Yes” to “Is Solana dead.”

According to DappRadar, both the y00ts and DeGods NFT collections are ranked first and second in  terms of fiat transaction volume on Solana over the last 30 days.

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4 ‘emerging narratives’ in crypto to watch for: Trading firm

The crypto trading firm sees NFTs becoming more intertwined with brand IP, while Web3 apps with "real world utility" gain traction.

Despite an eventful year fraught with crypto collapses and price drops, Steven Goulden, a senior research analyst at crypto trading firm Cumberland has pointed to several “green shoots” to break the surface in crypto in 2023.

In a 14-page “Year in Review” report released on Dec. 24, Goulden said he saw four “emerging narratives” in 2023 that will lead to “significant progress” for crypto over the next six to 24 months.

These include non-fungible tokens (NFTs) becoming a “go-to method” of tokenizing a brand's intellectual property (IP), Web3 apps and games becoming “genuinely popular,” while Bitcoin (BTC) and Ether (ETH) could become more commonly used as a nation’s reserve asset.

Goulden argued that while NFTs have until this point, been “largely been confined to the art space,” he believes the next step for NFTs will lie in the marrying of NFTs and a brand’s intellectual property.

The analyst noted that many non-Web3 companies are already making “significant progress” to monetize IP and improve customer engagement using NFTs.

Among those include Starkbucks partnership with Polygon to generate NFTs for Starbucks customers, and Nike’s launch of Swoosh, which enables users to design customized sneaker NFTs.

“Listening to these companies talk about Web3 initiatives, it’s clear they see digital engagement with customers and fans as a new aspect of the retail experience,” said Goulden.

He also noted that “selling NFTs to retail users has the potential to generate material, high-margin revenue.” Nike is a textbook example of that, having generated $200 million from digital sneakers alone. The analyst expects Polygon’s MATIC, LooksRare’s LOOK and 0xmon’s XMON token to lead the way on this front.

CryptoKicks digital shoes from Nike and RTFKT. Source: Nike.

The Cumberland analyst also said that NFTs will become a “go-to method of tokenizing IP”, sharing that there is around $80 trillion of intangible assets that exists on corporate balance sheets today.

Real-world utility apps to gain traction

Goulden also sees the adoption of Web3 platforms providing “real world utility” starting to gain traction in 2023, acknowledging it has been “extremely challenging” to disrupt Web2 monopolies thus far:

“The reality is that it takes time to build and bootstrap projects like these, and so we anticipate material traction is probably 12+ months out, with serious user adoption probably 2-5 years away.”

Some “genuinely useful real world” platforms that Goulden highlighted included IT recruitment platform Braintrust, Internet of Things protocol Helium, GPU rendering service Render, global mapping project Hivemapper and ride sharing app Teleport.

Web3 games to attract “serious” gamers

The analyst was also optimistic about the Web3 gaming market, noting that there is around three billion gamers in the world, 200 million of which are “serious” — representing $200-300 billion in total addressable market.

“[...] yet these users usually don’t own in-game items and have little control or governance over these gaming ecosystems,” said Goulden.

Related: 5 cryptocurrencies to keep an eye on in 2023

Goulden says the play-to-earn aspects of blockchain-based gaming will lead to significant profitability for developers but added that because it takes “around 2-3 years to build a triple A (highest-quality blockbuster) game,” we probably won’t see a “Web3 game that becomes a star” until 2023 or 2024.

Web3 Gaming Market Figures. Source: Fungies.

BTC and ETH as reserve asset

Finally, the research analyst suggested that close attention should be placed on BTC and ETH’s potential role as a reserve asset, particularly for nations focused on exports.

Goulden said many high-export nations around the world may choose to stock up its reserves with alternative assets such as cryptocurrency instead of U.S. treasury bills as a means to depress their own currencies against the U.S. Dollar.

“Even a small central bank allocation to BTC or ETH would be material and would likely lead to other exporting states following suit.”

Cartel-Linked Crypto Laundering Ring Disrupted by Federal Task Forces

What are CC0 NFTs, and why are they important?

A CC0 (Creative Commons Zero) NFT is an NFT with a copyright in which the owner permits anyone to use the NFT for commercial gain.

What are the future possibilities with CC0 NFTs?

The world of NFTs is in its infancy. As artists and creators explore ways to create and monetize their content, products and platforms are emerging to offer frameworks for creators to operate and build their brands, and monetize them.

It is still the early days for the nonfungible token world. The last couple of years have seen an economic model emerge for artists and creators. With every new business model, there needs to be new distribution strategies that emerge. 

NFTs have shown how brands can be monetized. However, relying on a small community to create the distribution capability for the brand is not scalable. As more co-creation models emerge and more platforms to actively promote become mainstream, CC0 NFTs would have the bells and whistles needed to scale their brand outreach.

Another fundamental building block for nonfungible tokens to scale their reach is interoperability. The NFT world is still siloed across different blockchains. Even the cultures of the Ethereum and Solana NFT collections are noticeably different. There is a need for better interoperability across chains, and nonfungible token cultures would need to be agnostic to the infrastructure on which they are created.

As these infrastructural and community collaboration layers get more sophisticated, CC0 nonfungible tokens will have the rails they need to scale their brand beyond a community of 10,000 NFT holders.

What are the implications for the CC0 NFT project team?

As the Web3 world has largely promoted transparency and openness with code, NFT creators and teams are also opting for the same with art. However, that is just the beginning of the journey, and these nonfungible token creators and communities must realize that.

CC0 can sometimes be portrayed as a logical conclusion where the NFT creators hand over the process of building on their creation to their community and beyond. Some NFT collections have had several derivative projects promoting the culture of the NFT almost as brand extensions. However, declaring a project as CC0 is just the beginning.

NFT project teams and creators who take the CC0 route must actively promote the use of the brand and onboard other creators and projects to build brand extensions to their NFT collections. 

No open-source software project could have scaled without a strong codebase. Similarly, CC0 NFT projects need a strong creator community to spread the word, get inspired by the original nonfungible token collections and make them household brands. This is only possible through the conscious community-building efforts of the NFT project teams.

Therefore, by going down the CC0 route, NFT creators have almost reduced the burden on its nonfungible tokenholders to promote the brand. Instead, they have a more considerable responsibility with their NFT holders to onboard brand, product and art extensions to their nonfungible tokens.

For instance, if a Nike product line chooses to use a Moonbirds image on their shoes, that increases the awareness of Moonbirds within the retail audience, thereby improving the brand outreach. However, these top-tier brand partnerships must be often forged by the NFT project teams.

What are the implications for the NFT community?

The CC0 approach isn’t without its challenges, particularly for the individual NFT holder keen on monetizing their ownership rights on the nonfungible tokens.

NFTs that haven’t embraced CC0 have had NFT holders license the use of their nonfungible tokens to businesses, brands and creative initiatives. Some nonfungible token communities that had gone down the CC0 route had unhappy community members and commercial downsides in the short term.

CC0 allows for the very open use of the NFT brand and art by removing the IP friction points. However, some NFT holders of top communities own their profile picture (PFP) nonfungible tokens to monetize the IP of the NFTs. In some scenarios, NFT holders had lost significant opportunities in licensing contracts when the nonfungible token project team chose to go down the CC0 route.

This approach has its pros and cons like the open source approach to software. There are short-term downside implications for community members who want to tap into the IP rights they had over the NFTs. However, the long-term benefit of building the brand through an open approach is equally alluring for many.

How did the rise of CC0 NFTs happen?

Although one significant project chose CC0 in 2021, many followed suit in 2022, with a CC0 summer that saw many big NFT projects embracing the CC0 route.

Perhaps the first significant NFT project to open the door to the CC0 licensing model was the “Nouns” project. They were soon followed by many nonfungible token projects, including Moonbirds, Cryptoadz, Cryptoteddies and Loot, that chose to go down the CC0 route. 

This has given derivative NFT collections more freedom in drawing inspiration from these CC0 collections. Derivative NFTs are typically those that draw design and art inspiration from the parent NFT collection, which often increases the brand outreach of the parent collection. With CC0s on the rise, derivatives had more liberty.

However, this also resulted in commercial implications for the NFT holders and project teams who make fundamental business strategy decisions for the nonfungible token community.

What are CC0 NFTs?

As nonfungible tokens (NFTs) rose to fame over the last couple of years, they were hailed as the solution to digital ownership and intellectual property (IP). However, a new class of NFTs and founders who believe in them have emerged in CC0 NFTs.

CC0 nonfungible tokens are to NFT creators as open source software is to developers. However, the digital ownership and IP protection was the design principle behind NFTs when they first launched. Several projects, including Bored Ape Yacht Club and CryptoPunks, have benefitted from the holders of these NFTs owning the IP to their art. 

Nonfungible tokenholders could create revenue opportunities for themselves by allowing creators, businesses and brands to use their NFT artwork for a fee. Other creators, NFT collections and even traditional businesses could use nonfungible token images as a brand-building exercise if they had the permission of the NFT holders.

Recently, a movement termed CC0 NFTs has taken the nonfungible token world by storm. The term CC0 NFTs was inspired by the “Creative Commons Zero” licensing model. As per this model, creators can waive their rights to their art, allowing others to use the artwork freely to build more art, a product or a brand on top of it.

This is akin to the open source movement in operating systems, as Linux chose to open its ecosystems for free use. Similar to the Linux operating system, which has a market cap of $15.95 billion and powers over 85% of smartphones, CC0 NFT collections expect a larger base of projects, artwork and brands using their NFT artwork.

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