Hi @caromintbase
Hope all is well
Apologies for the delay in completing this task - a number of factors conspired against an earlier delivery and correspondingly it sat firmly on the back-burner throughout the autumn - but please find below an overview, along with details of the various assets that Iāll be sending over to you via google drive share.
Shared assets:
1 - Spreadsheet of linked pages to current NFT licenses in use, potential licensing suggestions, platform terms of use, creative commons licenses, IRL platform terms, IRL licensing.
2 - Folder of template/boilerplate documents (some with accompanying ānotesā) - IRL licensing, āSoftware as a Serviceā platform terms agreement, and a copy of a āNetwork Agnostic NFT Licenseā document.
Having spent a lot of time researching the various options and approaches - both existing & theoretical - while trying to avoid disappearing forever down a copyleft/copyright rabbit holeā¦what is clear is there is no unifying standard for NFT licensingā¦and that adopting existing IRL infrastructure has some drawbacks.
The discussions with my IP lawyer contact/friend were continually quagmired in IRL considerations. In particular, the basic responsibility of a platform to get users to accept a set of terms that protect the platform, and within which a licensing baseline standard would be set, with any deviation/enhancement being at the mint stage, at the risk/responsibility of the minter.
A boilerplate āSoftware as a Serviceā platform agreement and a Digital Content Creator License template doc - both with notes on completion - are in the folder.
The terms of service of many of established NFT platforms have been linked in the spreadsheet as there are some license provisions within them - notably the various Rarible docs on Github.
As above the folder also contains a selection of other IRL licensing templates
The widely used "NFT Licenseāā [developed for Crypto-Kitties] is listed in the spreadsheet, along with a general license developed for Avastars which are both used by/adapted by a number of other projects.
There are also links to licenses for specific NFT projects [BAYC, EulerBeats, NBA Topshots, etc] which all have variations of their ownā¦and a research document on the opaque licensing arrangements for CryptoPunks
There is a link to a second spreadsheet with three proposed NFT licenses and the background to their establishment. They were produced by Yam Karkai & Raphael Malavieille in May 2021 as a potential solution, and offer different rights to buyers. (This was referenced within a GitHub feature request for HicEtNunc to have a similar drop-down selector of licenses functionā¦which did not seem to advance further.)
If the intention is to offer a dropdown of licenses, then for the creative NFTs [art, music, photography] Creative Commons offers a suite of 7 options [6 licenses plus public domain] that cover a wide range of scenarios and practices in a simple [even graphical/symbol] format. They are listed in the spreadsheet along with a link to the legal text for each license.
There is also a āplatform integrationā page linked which might be interesting to explore as a starting point for Mintbase.
Digression/nb: In terms of the wide variety of applications for āpurposeful NFTsā proposed/supported by Mintbase, itās fairly obvious that the complexity of licensing arrangements will multiply as the spectrum of applications increases. Just as an initial insight into thisā¦ticketing and the use of the redeemer function in general might need a completely separate set of licensing/T&Cās.
Fyi, there is also a link to a mint on Mintbase by the artist EV3RETH [from Hype DAO] that includes a āForever PDFā that details a ālicense agreementā covering the arrangements for the future split on reproduction rights, and governance of the IP rights of his work āSUNflowerā. This is effectively a āverbal agreement registered on-chainā - and similar to custom licensing text on a per NFT basis that can be found across other marketplaces [Opensea], but makes use of the Forever PDF to provide clearer detail.
As you know, over the summer, I was exploring the possibilities of an on-chain smart-contract solution to licensing rightsā¦using either a micro-DAO, a separate IP token, or both. It became an overly complex thought experiment that probably didnāt address the issue any betterā¦and I only include it here for info/jumping off/criticism purposes. I can go into more details if required but the options under discussion were:
1] A separate [purposeful] IP token that is airdropped to the initial buyer of a creative work. This token replicates what EV3RETH has written into the mint, but separates it both on-chain & commercially. The minter/creator bakes in a royalty rate [currently 10% - at some point soon customisable] but the token otherwise represents an agreed licenseā¦which can be sold separately.
2] Licensing rights are placed in a Micro-DAO with governance by two tokens - 51% to the buyer 49% to the creator - the DAO wallet is the beneficiary of the IP governance tokenā¦the buyer of the original work maintains control of the IP rights by virtue of the 51% tokenā¦but the creator receives a 49% share in the event of the IP being commercialised. [Cumbersome or whatā¦]
āOk, thatās it for now, more info can/will be added to the spreadsheet and foldersā going forward.
Happy to discuss further on a call etc - or here obviously. In the meantime, please let me know what you would like to see more of.
Thnx